Sign - RV Cloud - 2003~~ ~ Cahn
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~I~'Y OF ~AM~BI/~..L.
Community Development Department
December 22, 2005
Stephen Cloud -President
R.V. Cloud Co.
3000 Winchester Blvd.
Campbell, CA 95008
Re: Sign Permit Application Building
File No.: BLD2005-1660 - 3000 Winchester Blvd.
Dear Mr. Cloud:
The Planning Division has reviewed and conditionally approved your building permit for a new reader
board sign on the referenced property. Your plans were reviewed based upon the City Council's approval
per Resolution No. 10503.
This approval is subject to the following conditions and changes to the landscape plan:
1. Submittal of a revised planting plan is requested for this area adjacent to the yard that replaces
three of the existing palm trees with a screening shrub or tree minimum 15 gallon size such as
pyracantha or photina.
2. The climbing trumpet vine shall be a minimum five gallon size and shall be trained to climb the
screened fencing adjacent to the shipping yard area.
3. The planting area at the base of the sign shall be planted with seasonal blooming plants and
provided with an appropriate irrigation system.
4. A note on the site plan that all landscaped area are services by an irrigation system.
5. All landscaping shall be maintaiannedd installed cons step withphe plans dadted Decpelmber 13, 2005.
6. The sign shall be manufactured
If you should have any questions, please do not hesitate to contact me at (408) 866-2144 or by email at
timh(cr~ cityofcampbell. com.
Sincere
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Tim J. Ha ey _/'
Associate Planner
cc: Sharon Fierro, Community Development Director
Commercial Neon Inc., 5547 N. Golden State Blvd., Fresno, CA 93722
Bruno Marcelic, Architect, 365 E. Campbell Avenue, Campbell, CA 95008
Robert Aguilar, 177 Budd Avenue, Campbell, CA 95008
J:\SignslBLD 2005-1660 - 3000 Winchester Blvd -.doc
70 North First Street ~ Campbell, Caiiiornia 95005-Y43t> ~ ~rei_ 405.5(i6.? i 4G ~ tea>- 405.566.8551 "~~~ =tp8-860.2790
.,
DEC 1 ~ 2U05
INDEMNITY AGREEMENT ~~~ ~F CAiU~~BELL
PLANNING DEPT.
This Agreement is executed and delivered as of the ~ day of ~ , 2005, by Stephen
R. Cloud (hereinafter referred to as "Applicant"), on behalf of R.V. Cloud Company, a
California Corporation (hereinafter referred to as the "Company") and theTrustee of the Jesman
Cloud Revocable Living Trust (hereinafter referred to as "Owner"), as owner of that certain real
property commonly known as 3000 S. Winchester Boulevard, Campbell, Santa Clara County,
California, Santa Clara County Assessor's Parcel Number 424-39-023 (hereinafter referred to as
the "Property").
In fulfillment of condition number 8 to the conditional approval of the sign application
submitted by Applicant in Campbell Community Development File PLN2004-133 (hereinafter
referred to as the "Permit"), and in consideration of the rights conferred thereby, the Company
and Owner, hereby covenants and agrees as follows:
1. The Company, and its successors, shall fully indemnify, defend, and hold harmless
the City of Campbell and its officers, officials, employees, agents and volunteers
from and against any and all liability, loss damage, expense, cost (including without
limitation costs and fees of litigation) of every nature arising out of, or in connection
with any death, personal injury or property damage that arises out of, or is alleged to
arise out of or be proximately caused by the sign approved pursuant to the Permit or
the railroad right-of--way crossing adjoining the Property, except such liability, loss or
damage that is proximately caused by the sole negligence or willful misconduct of the
City of Campbell. This indemnity provision is intended to set forth the full and
complete allocation of liability between the Company and its successors and the City
of Campbell, and the parties shall have no other indemnity rights in law or equity
with respect to one another on the matters covered herein;
2. The Company and its successors shall maintain insurance for injuries to persons or
damage to property conforming to the following specifications:
A. Minimum Scope of Insurance
Coverage shall be at least as broad as Insurance Services Office (ISO) CGL form
CG 00 O1 11 85;
B. Minimum Limits of Insurance
Company shall maintain limits no less than $1,000,000 combined single limit per
occurrence for bodily, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this location or the general aggregate limit shall be twice the required
occurrence limit;
C. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retention as respects the City, its agents, officers, attorneys,
employees, officials and volunteers; or the Company shall procure a bond guaranteeing
payment of losses related to investigations, claim administration, and defense expenses;
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Campbell, its agents, officers, attorneys, employees,
officials and volunteers are to be covered as insureds as respects: liability arising
out of activities related to this Agreement performed by or on behalf of the
Company, products and completed operations of the Company, and premises
owned, occupied or used by the Company. This coverage can be provided in the
form of an endorsement to the Company's insurance (at least as broad as ISO
Form CG 20 10 11 85), or as a separate owner's policy;
(2) The Company's insurance coverage shall be primary insurance as
respects the City, its agents, officers, attorneys, employees, officials and
volunteers. Any insurance or self-insurance maintained by the City, its agents,
officers, attorneys, employees, officials and volunteers shall be excess of the
Company's insurance and shall not contribute with it;
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its agents, officers, attorneys,
employees, officials, and volunteers;
(4) The Company's insurance shall apply separately to each insured against
whom claim is made or suit is brought except with respect to the limits
of the insurer's liability;
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City;
E. Acceptability of Insurers
2
Without limiting Company's indemnification provided hereunder, Company shall
take out and maintain at all times during the existence of the sign approved under the
Permit, the policies of insurance listed in this Agreement. Insurance is to be issued by an
issuer with a current A.M. Best Rating of A:VII and be authorized to transact business in
the State of California, unless otherwise approved by the City;
F. Verification of Coverage
Company shall furnish the City with certificates of insurance evidencing coverage
required by this section. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates are to be
on forms acceptable to the City. All certificates are to be received and approved by the
City before installation of the sign approved under the Permit;
3. If at anytime, the Company fails to maintain insurance satisfying the requirements of
this Agreement, the sign approved pursuant to the Permit must be immediately
removed;
4. The terms, covenants, conditions and restrictions set forth herein are for the mutual
benefit of the Property and the City and its real property known as Winchester
Boulevard. The covenants contained in this Agreement shall be binding upon the
parties and inure to the benefit of City, and their respective successors and assigns;
5. The covenants granted, reserved or otherwise set forth herein shall be appurtenant to
and run with the land, and shall in all respects constitute covenants running with the
land pursuant to applicable California law, enforceable by the City at law and in
equity;
6. Upon transfer of title in the Property to a new and different owner, all obligations
arising under this Agreement shall rest exclusively with the transferee, and Stephen
R. Cloud, RV. Cloud Company and the Jesman Cloud Revocable Living Trust shall
have no further obligations under this Agreement;
7. This Agreement may not be amended, modified, altered or changed unless in writing,
in recordable form, approved by City;
IN WITNESS THEREOF, Stephen R. Cloud has executed this Agreement as of the first
date set forth above on behalf of himself, the Company and Owner.
~s~ 5~0~~ 2. ~~
Stephen R. Cloud, as President of
RV Cloud Company, and Trustee
Of the Jesman Cloud Revocable
Living Trust
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,ARCH A0.0•
CITY of CAMPBELL
City Attorney's Office
Robert Aguilar
Attorney at Law
177 Budd Avenue
Campbell, California 95008
RE: PLN 2004-133
Dear Bob:
December 10, 2005
PLFASH RBSPONU'f0
333 Church St.
Suite A
Santa Cruz, CA 95060
TEI_ 831.423.8383
FAX 831.438.0104
Based on the conversation that you had with Dan Furtado and me, I am sending you what should
be the final draft of the indemnity agreement. Please see that it is appropriately executed; and
return it to the Community Development Departrrient.
I apologize for not getting this revision out sooner, but after we met, a rampaging flu bug took
control of my body, and held it captive for a week.
As always, if you have any questions, please let me know.
Sincerely,
it ' p~~~--~
City Attorney of Campbell
cc: Dan Furtado
Sharon Fierro
Tim Haley
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of ' CAMne
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,ARCH ARO•
CITY of CAMPBELL
City Attorney's Office
September 14, 2005
Robert P. Aguilar
Attorney at law
177 Budd Avenue
Campbell, California 95008
Fax: 408-871-0129
RE: RV Cloud Sign Application
Indemnity Condition
Dear Mr. Aguilar:
PLEASE RESPOND TO:
333 Church St.
Suite A
Santa Cruz, CA 95060
l'EL 831.423.8383
FAX 83 L438.0104
As I promised in our telephone conversation of yesterday, I have enclosed some proposed
language that would satisfy the indemnity obligation imposed as a condition of approval
to your client's sign application.
Naturally, if you have any questions about this matter, please let me know.
Sincerely,
X ,..
eligmann
City Attorney of Campbell
cc: Tim Haley
Sharon Fierro
70 North First Street ~ Campbell, California 95008-1436 TEL 408.866.2129 FAx 408.374.6889 TDD 408.866.2790
Indemnity Agreement
In fulfillment of condition number 8 to the conditional approval of the sign application
submitted by Stephen Cloud (hereinafter referred to as "Applicant") in Campbell
Community Development Department File PLN2004-133, and in consideration of the
rights conferred thereby, Applicant hereby agrees that he shall fully indemnify, defend,
and hold harmless the City of Campbell and its officers, officials, employees, agents and
volunteers from and against any and all liability, loss, damage, expense, cost (including
without limitation costs and fees of litigation) of every nature arising out of, or in
connection with any death, personal injury or property damage that arises out of, or is
alleged to arise out of or be due to the sign approved in Campbell Community
Development Department File PLN2004-133 or the railroad right-of--way adjoining the
real property commonly known as 3000 S. Winchester Boulevard, Campbell, California,
except such liability, loss or damage that is proximately caused by the sole negligence or
willful misconduct of the City of Campbell. This Agreement is intended to set forth the
full and complete allocation of liability between Applicant and the City of Campbell; and
the parties shall have no other indemnity rights in law or equity with respect to one
another on the matters covered herein.
Dated:
Stephen Cloud
ROBERT P. AGUILAR ATTORNEY AT LAW
177 BUDD AVENUE • CAMPBELL, CA 95008 • (408) 379-3372 • FAX (408) 871-0129
September 12, 2005
HAND-DELIVERED ON SEPTEMBER 12, 2005
Tim J. Haley
Associate Planner
City of Campbell
Community Development Department
70 North First Street
Campbell, CA 95008-1436
Re: PLN 2004-133
Dear Mr. Haley:
RECEIVE
SEP 12 2005
CpI.ANNINGMDEPTL
Thank you for your letter dated September 6, 2005, addressed to Mr.
Stephen Cloud, President of R.V. Cloud Company. Herewith is our response:
Shortly after Mr. Bradley left the employ of the City, I personally
contacted Mr. Williams, who informed me that he was replacing Mr. Bradley. I
therefore directed all my further contact with Mr. Williams. He gave me his cell
number after I made several calls to him at the Department. It was extremely
difficult to get ahold of him. Even Don Allen, Manager of R.V. Cloud, had
difficulty in getting ahold of Mr. Williams. We were trying to get him to come to
the R.V. Cloud premises so that we could work out a plan to correctly address
Condition 6 and the landscaping.
In order to move forward to accomplish the City's desired improvements,
we made substantial changes and improvements.
On the Friday before Mr. Williams left the employ of the City, I met with
him at the R.V. Cloud site. Also present was Manager Allen and Mark Krause, a
R.V. Cloud Supervisor.
We pointed out all the changes which we accomplished in the furtherance
of compliance with the conditions imposed by the City Council.
We did the following:
1. We removed the large roof sign.
2. We painted over the two large R.V. Cloud signs painted on the facade
and on the north side of the building.
We painted over the facia rim signage.
Tim J. Haley
Page Two
September 12, 2005
4. We had previously re-slurried the parking area and re-stripped thereby
adding more parking spaces.
5. We added nice green shrubs in front of the parking area parallel to the
tracks.
6. We removed all razor wire.
7. We trimmed all hedges and trees from Hacienda to the northern-most
portion of the front of the Cloud property.
8. We painted the front building to the north and cleaned up the signage.
9. We removed all non-operating automobiles from the premises.
10. We removed the so-called "second sign" and have remaining only the
building address which is required by the U.S. Postal laws.
Upon the visit with Mr. Williams, we had a full discussion regarding the
existing landscaping. He stated that it "looked very good" and he approved it.
We told him that we were going to put palm trees along the fence that faced the
storage structure. We showed him colored pictures of the trees and he approved
our planting these palms.
With respect to the screening of equipment on the roof of the main
structure, he clearly stated that it would suffice if we merely built a U screening in
front of that equipment which could be viewed from the tracks.
I asked him it if would be necessary to submit a plan to him and he clearly
responded "No!" because he would approve it as it was. He also stated that we
did not need the consent or approval from the City as to what plants we wanted to
place on the property.
We showed him what plants we had placed and how and where we had
relocated several trees. We relocated some trees because they were fast growing
and if they remained they would block the view of the readerboard sign in both
directions. For them to remain would frustrate the purpose of the readerboard
sign.
We made a diligent effort to get both Mr. Bradley (before his departure)
and Mr. Williams to come to meet with us on site to develop a landscaping plan
satisfactory to the City.
Throughout this matter we have been most cooperative with the City and
have been very patient. We are ready, willing and able to apply for our building
permit so that we can beautiful this area of town with our state-of--the-art
readerboard sign.
Tim J. Haley
Page Three
September 12, 2005
Conditions 7 and 8 do not require an indemnity agreement. We recognize,
however, that the Council did require an indemnity agreement. I will attempt to
meet with City Attorney William Seligmann to see if together we can fashion an
Agreement acceptable to the City.
I will on this date attempt to arrange a meeting with you so that we can
discuss this matter in greater detail.
We, like the City, desire to landscape and fix up the premises so that its
appearance will be more pleasing to the viewing public. To this end we will
always give the City our fullest cooperation.
Sincerely,
ROBERT P UILA
Attorney for R. ou Co.
cc: client
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CITY of CAMPBELL
Community Development Department
September 6, 2005
Mr. Stephen Cloud
President
R.V. Cloud Company
3000 S. Winchester Blvd.
Campbell, CA 95008
Re: PLN 2004-133 -- Sign Application and Site Improvements
3000 S. Winchester Blvd.
Dear Mr. Cloud:
On May 17, 2005, the City Council took action to conditionally approve your application
for a sign permit to allow the installation of a reader board sign on the referenced
property. The City Council's approval per Resolution No. 10503 is enclosed for your
information. Changes and improvements have taken place without City review or
approvals as follows:
• Condition No. 6: This Condition required the submittal of a plan for review and
approval by the Community Development Director to address improvements to the
property. Many of these improvements have taken place without the submittal of this
plan nor review and approval by the Community Development Director.
• Condition Nos. 7 and 8: These Conditions required the submittal of an indemnity
agreement and the release of City liability. The indemnity agreement that was
submitted by your attorney dated August 24, 2005 was not in a form or manner
acceptable to the City Attorney. Please contact the City Attorney to identify the
deficiencies in the submitted agreements.
• Landscaping_Chan eg_s: In March of 2003, the City approved a storage structure over a
portion of the yard area (PLN 2003-16). This approval was subject to the installation
of 24-inch boxed trees in the parking area. It appears that these trees have been
recently removed. This approval required the maintenance of these trees in
accordance with the approved landscape plan.
J:\Con•espondence\PLN 2005-133 3000 S. Winchester Blvd..doc _ _
70 North First$treet ~ Campbell, California 45008-[436 ~ ~rei_408.866.214(I Fna 408.866.8381 Tu~~ 40b.tibn.2%9U
3000 S. Winchester Blvd. Page 2 of 2
Prior to the commencement of any further work to address these conditions of approval,
please submit a plan for the review and approval of the Community Development
Director. This procedure should minimize expenditures as well as time necessary to
satisfactorily address the conditions of approval adopted by the City Council. These
changes could be identified on the plan submittal for the new reader board sign to reduce
the amount of plan submittals.
Please do not hesitate to contact me at (408) 866-2144 or via email at timh(a~cityof
campbell.com., if you wish to discuss these items.
Sincerely,
< ` ~
L
Tim J. Haley
Associate Planner
cc: Sharon Fierro, Community Development Director
Robert Aguilar, Attorney at Law, 177 Budd Avenue, Campbell, CA 95008
William Seligmann, City Attorney
RESOLUTION NO. 10503
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION ACTION TO DENY THE INSTALLATION OF A
14-FOOT HIGH ELECTRONIC READER BOARD SIGN ON PROPERTY
OWNED BY MR. STEPHEN CLOUD ET AL LOCATED AT 3000 S.
WINCHESTER BOULEVARD IN AN M-1-S (LIGHT INDUSTRIAL)
ZONING DISTRICT. APPLICATION OF MR. STEPHEN CLOUD, ON
BEHALF OF R.V. CLOUD CO.' FILE NO.: PLN2004-133.
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 City Council did find as follows with
respect to application PLN2004-133:
1. The subject parcel is set back behind a railway right-of--way.
2. The proposed sign is architecturally compatible with the building in terms of color, style and
design and would be constructed of high quality durable materials.
3. The proposed freestanding sign would result in one freestanding sign on the property due to
the removal of the existing freestanding "Just Tires/South Bay Auto Center" sign.
4. Non-conforming signs on the property include fascia signage, one roof-mounted sign, and
three wall signs, where one is allowed. Conditions of approval require these signs to be
removed with the exception of one wall sign.
5. The recommended conditions of approval include a condition that the electronic reader board
sign not change text and/or images more than once per 24 hours, reducing the potential for
the creation of an unsafe traffic hazard through driver distraction at the uncontrolled railroad
crossing.
6. The sign would be 14 feet tall and 50 square feet in sign area.
7. The sign height, of 14 feet, and the sign area, of 50 square feet, complies with the maximum
size limitations of the sign ordinance.
8. The sign would serve as the major tenant sign and is an appropriate size in comparison to the
size of the property and improvements.
9. The project, as conditioned, will result in a more attractive facility through the addition of
landscaping, revised paint scheme, screened mechanical equipment, removal of razor wire,
abandoned vehicles and existing non-conforming and non-permitted signage.
City Council Resolution.
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Page 2
10.. The project qualifies as Categorically Exempt project under Section 15311, Class 11 of the
California Environmental Quality Act (CEQA), pertaining to the construction of new on-
premise signs.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The use for which the sign is to be erected is not adequately identified with the existing
signage.
2. The site is unusually difficult to locate in comparison to similar uses without exceeding the
sign standards.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
4. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project
NOW, THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns
the Planning Commission's action to deny the installation of a 14-foot high electronic reader
board sign on property owned by Mr. Stephen Cloud et al located at 3000 S. Winchester
Boulevard in an M-1-S (Light Industrial) Zoning District, subject to the following conditions:
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
Planning Division:
1. Approved Plans: Approval is granted for a Sign Exception (PLN2004-133) to allow a
freestanding electronic reader board sign located at 3000 S. Winchester Boulevard. The
sign design and location submitted for building permits shall substantially conform to the
project plans stamped as received by the Planning Division on December 8, 2004.
2. Development Approval Expiration: The Sign Exception approval shall be valid for one year
from the date of final approval. Within this one-year period a building permit must be issued
or the Sign Exception shall expire and be deemed void without further notification by the
City Council Resolution
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Pa e 3
City.
3. S~ Maintenance: The sign shall be maintained in good condition at all times and shall be
repaired as necessary.
4. Changeable Text/Images: The electronic reader board portion of the sign shall be utilized in
a manner that does not violate the applicable provision of the zoning code that states that
signs shall not move, rotate, or be animated by flashing or traveling lights. The background
color of the electronic reader board portion of the sign shall be red or black and the text
and/or images shall be red or black as shown on the approved plans.
5. Frequency of Changing Text/Ima~es: The text and/or image of the electronic reader board
portion of the sign shall change no more than once per 24 hours.
6. Pro~erty Improvements: Prior to issuance of a building permit for the freestanding sign, a
plan shall be submitted for review and approval by the Community Development Director
that specifies and details the following property improvements:
a. Remove all non-permitted signage on the property;
b. Remove all non-conforming signage such as the roof sign, wall mounted and fascia
signage;
c. Remove razor wire from existing fenced area;
d. Provide roof screening of the existing mechanical equipment on the roof;
e. Provide additional landscaping to improve the appearance. of the parking lot;
f. Remove all abandoned vehicles from car repair areas; and
g. Paint the most northerly building a uniform color scheme.
The improvements shall be completed and accepted as complete by the Community
Development Director prior to final permit sign off and electricity release on the electronic
reader board sign. '
7. Indemnity Agreement: The applicant shall execute an indemnity agreement providing the
City with full Type I indemnity and defense against any actions for death, personal injury or
property damage arising out of the proposed sign or the railroad right-of--way, in a form
acceptable to the City Attorney.
8. Liability Release: The applicant shall execute a release that releases the City from any
liability arising out of the proposed sign or the railroad right-of--way, including claims
for indemnity, in a form acceptable to the City Attorney.
City Council Resolution
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Page 4
9. Removal of Existing Freestanding Sign: The existing freestanding "Just Tires/South Bay
Auto Center" sign shall be removed prior to issuance of a building permit for the new
electronic reader board sign.
Building Division:
10. Permits Required: A building permit application shall be required for the proposed sign.
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.
PASSED AND ADOPTED this 17th
vote:
day of May , 2005, by the following roll call
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Burr, Hernandez, Furtado
Watson, Kennedy
None
APPR
f
ATTEST:
Anne Bybee, City Clerk ,
ane P. Kennedy, Mayor
~':e tNA~`!a''$'i;; NT .':; A THUG
~~~ GfIRRE~ COPT` Qt' THE QR70lNAl,
ON FIL.~ tN T?d"c p,-r,-tC~.
p~EBT: ANNE EYF.EE. CITY CLERK, CITY
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ROBERT P. AGUILAR Arrox:vEY Ar 1.Aw
1?7 BUDD AVENUE • CAMPBELL, CA 95008 • 1408) 379-3372 • FAX (408) 871-0129
Tom Williams
City of Campbell
70 N. First Street
Campbell, CA. 95008
Dear Tom,
Enclosed is a Hold Harmless Agreement required by the Campbell City Council.
If you have any questions please contact me.
Sincerely, ~
~ ~~- ~~
~`
Robert P. Aguilar,
c.c.
Mr. Stephen Cloud
INDEMNIFICATION AGREEMENT
R.V. CLOUD COMPANY, a California corp:ora'tion, hereby agrees
to hold the City of Campbell harmless from those portions of
any claims arising out of an automobile accident and resulting
in bodily injuries which must occur on the premises of R.V.
Cloud Company and which must be proved to be proximately
caused by the presence of the 14' lighted active electrical
reader board sign that was functioning at the time,
maintained, owned and operated by R.V. Cloud Company and
only while they are in existence on their property located
within their premises of 3000 Winchester Blvd., Campbell,
CA. 95008.
This Hold Harmless Agreement shall extend only to those portions
of claims brought specifically against the City of Campbell
which may result from vehicles crossing over and through the existing
railroad crossing (which engages in contact with a railroad
vehicle) used for ingress and egress specifically to R.V.
Cloud Company.
Any such portions of claims must result in a final judgment
from a Court of Law before the indemnification of R.V. Cloud
Company shall arise.
DATED: August 24, 2005 R.V. CLOUD COMPANY
BY : ~ ~ ~~~
StepT1 n Clou as President
MEMORANDUM
To: Goff Bradley
S for Planner
From: a emsley
e uty City Clerk
Date: May 23, 2005
Subject: Appeal of Planning Commission denial of Sign Exception (PLN
2004-133) - 3000 S. Winchester Boulevard
At the regular meeting of May 17, 2005, the City Council held a public hearing to
hear an appeal of behalf of R.V. Cloud Company, of Planning Commission
decision denying a Sign Exception (PLN 2004-133) to allow two freestanding
signs where one is allowed and the installation of a 14-foot high electronic reader
board sign on property owned by Mr. Stephen Cloud et al located at 3000 S.
Winchester Boulevard in an M-1-S (Light Industrial) Zoning District.
After heard public testimony and following City Council discussion and
deliberation, the City Council adopted Resolution No. 10503 granting the Appeal
and overturning the Planning Commission decision to deny a Sign Exception
(PLN 2004-133) to allow two freestanding signs where one is allowed and the
installation of a 14-foot high electronic reader board sign on property owned by
Mr. Stephen Cloud et al located at 3000 S. Winchester Blvd., in an M-1-S (Light
Industrial) Zoning District, incorporating findings and subject to the Conditions of
Approval.
A certified copy of this Resolution is attached for your records together with a
copy of the letter written to the Appellant in follow up to the City Council's action.
.oF~~AM,,
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CITY of CAMPBELL
City Clerk's Office
May 23, 2005
Mr. Stephen Cloud
President
R.V. Cloud Company
3000 Winchester Blvd.,
Campbell, CA 95008
Dear Mr. Cloud:
At the regular meeting of May 17, 2005, the Campbell City Council held a public hearing
to consider your appeal of Planning Commission denial of your application for a Sign
Exception (PLN 2004-133) to allow two freestanding signs where one is allowed, and the
installation of a new 14-foot tall electronic reader board sign on property located at 3000
S. Winchester Blvd in an M-1-S (Light Industrial) Zoning District.
After hearing public testimony and following City Council discussion and deliberation, the
City Council adopted Resolution 10503 granting your Appeal and overturning the Planning
Commission action. The City Council action allows the installation of a new 14-foot tall
electronic reader board sign on property owned by Mr. Stephen Cloud et al located at 3000
S. Winchester Boulevard in an M-1-S (Light Industrial) Zoning District, subject to
Conditions of Approval including added Conditions requiring the removal of the existing
"Just Tires" freestanding sign located on the same property, and approval of an indemnity
and release provision against any personal injury or property damage arising out of the
proposed sign or railroad right-of--way. This Resolution was adopted by a 3-2-0 vote, with
Councilmember Watson and Mayor Kennedy voting no. A certified copy of this
Resolution is enclosed for your records.
Please note that 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 of law) sets forth a more specific time period.
Continued ...
70 North First Street Campbell, California 95008.1423 rep 408.866.2117 ~ Fnx 408.374.6889 Teo 408.866.2790
Page 2
Appeal - 3000 S. Winchester Blvd.
Please do not hesitate to contact this office (866-2117) or Geoff Bradley, Senior Planner,
Community Development Department, should you have any questions in regard to the City
Council's action.
Sincerely,
v ~~~
Anne Bybee
City Clerk
Enclosures:
cc. Robert Aguilar, Attorney At Law, 177 Budd Avenue, Campbell 95008
Geoff Bradley, Senior Planner
RESOLUTION NO. 10503
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION ACTION TO DENY THE INSTALLATION OF A
14-FOOT HIGH ELECTRONIC READER BOARD SIGN ON PROPERTY
OWNED BY MR. STEPHEN CLOUD ET AL LOCATED AT 3000 S.
WINCHESTER BOULEVARD IN AN M-1-S (LIGHT INDUSTRIAL)
ZONING DISTRICT. APPLICATION OF MR. STEPHEN CLOUD, ON
BEHALF OF R.V. CLOUD CO.~ FILE NO.: PLN2004-133.
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 City Council did find as follows with
respect to application PLN2004-133:
1. The subject parcel is set back behind a railway right-of--way.
2. The proposed sign is architecturally compatible with the building in terms of color, style and
design and would be constructed of high quality durable materials.
3. The proposed freestanding sign would result in one freestanding sign on the property due to
the removal of the existing freestanding "Just Tires/South Bay Auto Center" sign.
4. Non-conforming signs on the property include fascia signage, one roof-mounted sign, and
three wall signs, where one is allowed. Conditions of approval require these signs to be
removed with the exception of one wall sign.
5. The recommended conditions of approval include a condition that the electronic reader board
sign not change text and/or images more than once per 24 hours, reducing the potential for
the creation of an unsafe traffic hazard through driver distraction at the uncontrolled railroad
crossing.
6. The sign would be 14 feet tall and 50 square feet in sign area.
7. The sign height, of 14 feet, and the sign area, of 50 square feet, complies with the maximum
size limitations of the sign ordinance.
8. The sign would serve as the major tenant sign and is an appropriate size in comparison to the
size of the property and improvements.
9. The project, as conditioned, will result in a more attractive facility through the addition of
landscaping, revised paint scheme, screened mechanical equipment, removal of razor wire,
abandoned vehicles and existing non-conforming and non-permitted signage.
City Council Resolution
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Pa,g:e 2
10.. The project qualifies as Categorically Exempt project under Section 15311, Class 11 of the
California Environmental Quality Act (CEQA), pertaining to the construction of new on-
premise signs.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The use for which the sign is to be erected is not adequately identified with the existing
signage.
2. The site is unusually difficult to locate in comparison to similar uses without exceeding the
sign standards.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
4. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project
NOW, THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns
the Planning Commission's action to deny the installation of a 14-foot high electronic reader
board sign on property owned by Mr. Stephen Cloud et al located at 3000 S. Winchester
Boulevard in an M-1-S (Light Industrial) Zoning District, subject to the following conditions:
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
Planning Division:
1. Approved Plans: Approval is granted for a Sign Exception (PLN2004-133) to allow a
freestanding electronic reader board sign located at 3000 S. Winchester Boulevard. The
sign design and location submitted for building permits shall substantially conform to the
project plans stamped as received by the Planning Division on December 8, 2004.
2. Development Approval Expiration: The Sign Exception approval shall be valid for one year
from the date of final approval. Within this one-year period a building permit must be issued
or the Sign Exception shall expire and be deemed void without further notification by the
City Council Resolution.
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Page 3
City.
3. Sign Maintenance: The sign shall be maintained in good condition at all times and shall be
repaired as necessary.
4. Changeable Text/Images: The electronic reader board portion of the sign shall be utilized in
a manner that does not violate the applicable provision of the zoning code that states that
signs shall not move, rotate, or be animated by flashing or traveling lights. The background
color of the electronic reader board portion of the sign shall be red or black and the text
and/or images shall be red or black as shown on the approved plans.
5. Frequency of Changing Text/Images: The text and/or image of the electronic reader board
portion of the sign shall change no more than once per 24 hours.
6. Property Improvements: Prior to issuance of a building permit for the freestanding sign, a
plan shall be submitted for review and approval by the Community Development Director
that specifies and details the following property improvements:
a. Remove all non-permitted signage on the property;
b. Remove all non-conforming signage such as the roof sign, wall mounted and fascia
signage;
c. Remove razor wire from existing fenced area;
d. Provide roof screening of the existing mechanical equipment on the roof;
e. Provide additional landscaping to improve the appearance. of the parking lot;
f. Remove all abandoned vehicles from car repair areas; and
g. Paint the most northerly building a uniform color scheme.
The improvements shall be completed and accepted as complete by the Community
Development Director prior to final permit sign off and electricity release on the electronic
reader board sign. '
7. Indemnity Agreement: The applicant shall execute an indemnity agreement providing the
City with full Type I indemnity and defense against any actions for death, personal injury or
property damage arising out of the proposed sign or the railroad right-of--way, in a form
acceptable to the City Attorney.
8. Liability Release: The applicant shall execute a release that releases the City from any
liability arising out of the proposed sign or the railroad right-of--way, including claims
for indemnity, in a form acceptable to the City Attorney.
City Council Resolution.
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Page 4
9. Removal of Existing Freestanding Sign: The existing freestanding "Just Tires/South Bay
Auto Center" sign shall be removed prior to issuance of a building permit for the new
electronic reader board sign.
Building Division:
10. Permits Required: A building permit application shall be required for the proposed sign.
The building permit shall include ElectricaUPlumbing/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.
PASSED AND ADOPTED this 17th
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
C'.(~T TN(`.TT .MRMRF.R C
ATTEST:
day of May , 2005, by the following roll call
Burr, Hernandez, Furtado
Watson, Kennedy
None
`~ ^~: rrtar:~-4s~,~nrr s n tsar
AHL} CIIRREC'1' C(]PY Ol= THE ORtC91NAL
OM FILE fN `+H'S Q'r'~G:;.
EBT: AAfN@ 9YuEE CITY CLERK, CITY
AMPBELL. C LIFORNIA.
. BY
tTAT D ~ ~~ O
~~ c~~
Anne Bybee, City Clerk ,
RESOLUTION NO. 10503
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION ACTION TO DENY THE INSTALLATION OF A
14-FOOT HIGH ELECTRONIC READER" BOARD SIGN ON PROPERTY
OWNED BY MR. STEPHEN CLOUD ET AL LOCATED AT 3000 S.
WINCHESTER BOULEVARD IN AN M-1-S (LIGHT INDUSTRIAL)
ZONING DISTRICT. APPLICATION OF MR. STEPHEN CLOUD, ON
BEHALF OF R.V. CLOUD CO.' FILE NO.: PLN2004-133.
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 City Council did find as follows with
respect to application PLN2004-133:
1. The subject parcel is set back behind a railway right-of--way.
2. The proposed sign is architecturally compatible with the building in terms of color, style and
design and would be constructed of high quality durable materials.
3. The proposed freestanding sign would result in one freestanding sign on the property due to
the removal of the existing freestanding "Just Tires/South Bay Auto Center" sign.
4. Non-conforming signs on the property include fasoia. signage, one roof-mounted sign, and
three wall signs, where one is allowed. Conditions of approval require these signs to be
removed with the exception of one wall sign.
5. The recommended conditions of approval include a condition that the electronic reader board
sign not change text and/or images more than once per 24 hours, reducing the potential for
the creation of an unsafe traffic hazard through driver distraction at the uncontrolled railroad
crossing.
6. The sign would be 14 feet tall and 50 square feet in sign area.
7. The sign height, of 14 feet, and the sign area, of 50 square feet, complies with the maximum
size limitations of the sign ordinance.
8. The sign would serve as the major tenant sign and is an appropriate size in comparison to the
size of the property and improvements.
9. The project, as conditioned, will result in a more attractive facility through the addition of
landscaping, revised paint scheme, screened mechanical equipment, removal of razor wire,
abandoned vehicles and existing non-conforming and non-permitted signage.
City Council Resolution.
PLN2004-133 -- 3000 S. Winchester Boulevazd
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Paae 2
10.. The project qualifies as Categorically Exempt project under Section 15311, Class 11 of the
California Environmental Quality Act (CEQA), pertaining to- the construction of new on-
premise signs.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The use for which the sign is to be erected is not adequately identified with the existing
signage.
2. The site is unusually difficult to locate in comparison to similaz uses without exceeding the
sign standards.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
4. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project
NOW, THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns
the Planning Commission's action to deny the installation of a 14-foot high electronic reader
board sign on property owned by Mr. Stephen Cloud ~et al located at 3000 S. Winchester
Boulevard in an M-1-S (Light Industrial) Zoning District, subject to the following conditions:
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
Planning Division:
1. Approved Plans: Approval is granted for a Sign Exception (PLN2004-133) to allow a
freestanding electronic reader board sign located at 3000 S. Winchester Boulevard. The
sign design and location submitted for building permits shall substantially conform to the
project plans stamped as received by the Planning Division on December S, 2004.
2. Development Approval Expiration: The Sign Exception approval shall be valid for one year
from the date of final approval. Within this one-year period a building permit must be issued
or the Sign Exception shall expire .and be deemed void without further notification by the
City Council Resolution
PLN2004-133 - 3000 S. Winchester Boulevazd
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Page 3 --
City.
3. Sign Maintenance: The sign shall be maintained in good condition at all times and shall be
repaired as necessary.
4. Changeable Text/Imaaes: The electronic reader board portion of the sign shall be utilized in
a manner that does not violate the applicable provision of the zoning code that states that
signs shall not move, rotate, or be animated by flashing or traveling lights. The background
color of the electronic reader board portion of the sign shall be red or black and the text
and/or images shall be red or black as shown on the approved plans.
5. Frequency of Chan igin~ Text/Imaaes: The text and/or image of the electronic reader board
portion of the sign shall change no more than once per 24 hours.
6. Property Improvements: Prior to issuance of a building permit for the freestanding sign, a
plan shall be submitted for review and approval by the Community Development Director
that specifies and details the following property improvements:
a. Remove all non-permitted signage on the property;
b. Remove all non-conforming signage such as the roof sign, wall mounted and fascia
signage;
c. Remove razor wire from existing fenced area;
d. Provide roof screening of the existing mechanical equipment on the roof;
e. Provide additional landscaping to improve the appearance. of the parking lot;
f. Remove all abandoned vehicles from caz repair areas, and
g. Paint the most northerly building a uniform color scheme.
The improvements shall be completed and accepted as complete by the Community
Development Director prior to final permit sign off and electricity release on the electronic
reader board sign. '
7. Indemnity Agreement: The applicant shall execute an indemnity agreement providing the
City with full Type I indemnity and defense against any actions for death, personal injury or
property damage arising out of the proposed sign or the raikoad right-of--way, in a form
acceptable to the City Attorney.
8. Liability Release: The applicant shall execute a release that releases the City from any
liability arising out of the proposed sign or the railroad right-of--way, including claims
for indemnity, in a form acceptable to the City Attorney.
i:ity Council Resolution
PLN2004-133 -- 3000 S. Winchester Boulevard
Crranting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R.V. Cloud
Page 4
9. Removal of Existing Freestanding Sign: The existing freestanding "Just Tires/South Bay
Auto Center" sign shall be removed prior to issuance of a building permit for the new
electronic reader board sign.
Building Division:
10. Permits Required: A building permit application shall be required for the proposed sign.
The building permit shall include ElectricaUPlumbing/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.
PASSED AND ADOPTED this 17th
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
day of May , 2005, by the following roll call
Burr, Hernandez, Furtado
Watson, Kennedy
None
ATTEST:
Anne Bybee, City Clerk ,
P. Kennedy, Mayor
~ Cf~R COPC flE THE DRt0lNAL
OKF Ft1E tN THtS Q~'~'tC•.
ANNE EYC,EE. CITY CLERK, CITY
,By
F3A~
~_~/
~~ ~~, +
AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
ORAL REQUESTS
Liz Gibbons, 183 Cherry Lane, Campbell, appeared before the City Council and spoke
regarding the election results for Library Measures A and B.
Carl San Miguel, President of the Campbell Chamber of Commerce, appeared before
the City Council and expressed appreciation to the City Council for their support of the
"Boogie on the Bayou" event.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
11. Appeal of Planning Commission Decision denying the Application of Mr.
Stephen Cloud, on behalf of R.V. Cloud Company for a Sign Exception
(PLN2004-133) to allow two freestanding signs where one is allowed and
the installation of a 14-foot high electronic reader board sign on property
owned by Mr. Stephen Cloud et al located at 3000 S. Winchester Boulevard
in an M-1-S (Light Industrial) Zoning District (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider an Appeal of the
Planning Commission decision denying the Application of Mr. Stephen Cloud, on
behalf of R.V. Cloud Company for a Sign Exception (PLN2004-133) to allow two
freestanding signs where one is allowed and the installation of a 14-foot high
electronic reader board sign on property owned by Mr. Stephen Cloud et al
located at 3000 S. Winchester Boulevard in an M-1-S (Light Industrial) Zoning
District.
Senior Planner Bradley -Staff Report dated May 17, 2005.
Mayor Kennedy declared the public hearing open and asked if anyone in the
audience wished to be heard.
Robert Aguilar, Attorney representing the applicant, appeared before the City
Council and spoke in support of the Appeal. Mr. Aguilar requested approval for
an electronic reader board sign.
Jeff Aran, Attorney representing the applicant, appeared before the City Council
and spoke in support of the Appeal. Mr. Aran requested approval for an
electronic reader board sign.
Steve Cloud, Appellant, appeared before the City Council and spoke in support
of the Appeal. Mr. Cloud requested approval for an electronic reader board sign.
Minutes of 5/17/05 City Council Meeting 4
David Michael, 3085 Meridian Avenue, San Jose, appeared before the City
Council and spoke in support of the Appeal. Mr. Michael spoke in support of the
request for an electronic reader board sign.
Carl San Miguel, 393 E. Campbell Avenue, Campbell, appeared before the City
Council and spoke in support of the Appeal. Mr. San Miguel spoke in support of
the request for an electronic reader board sign.
Resident, 2060 Via D'Este, Campbell, appeared before the City Council and
spoke in support of the Appeal.
There being no one else wishing to be heard, Mayor Kennedy closed the public
hearing.
Following City Council discussion, Mr. Aguilar and Mr. Aran, Attorneys for the
appellant, stated that their client -would agree to the following two issues that
were raised by Councilmembers: remove the existing "Just Tires" sign and
agree to an indemnity and release provision against any personal injury or
property damage arising out of the proposed sign or railroad right-of-way.
MIS: Burr/Furtado -that the City Council adopt Resolution 10503 granting
an Appeal of PLN2004-133 and overturning the Planning Commission
decision to allow the installation of a new 14-foot tall electronic reader
board sign on property owned by Mr. Stephen Cloud et al located at 3000 S.
Winchester Board in an M-1-S (Light Industrial) Zoning District, subject to
Conditions of Approval including additional Conditions requiring removal
of the existing "Just Tires" freestanding sign located on the same property
and approval of an indemnity and release provision against any personal
injury or property damage arising out of the proposed sign or railroad right-
of-way. Motion adopted by the following roll call vote:
AYES: Councilmembers: Burr, Hernandez, Furtado
NOES: Councilmembers: Watson, Kennedy
Mayor Kennedy declared a ten minute recess. The City Council reconvened at 8:50
p.m.
12. Adoption of 2005-12 Capital Improvement Plan (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider adoption of the F.Y.
2005/12 Capital Improvement Plan.
Administrative Analyst II Bito -Staff Report dated May 17, 2005.
Mayor Kennedy declared the public hearing open and asked if anyone in the
audience wished to be heard.
Minutes of 5/17/05 City Council Meeting 5
city
Council
ITEM NO:
CATEGORY:
MEETING DATE:
11.
Public Hearing
May 17, 2005
Report
TITLE Appeal of the Planning Commission Denial of the application of Mr.
Stephen Cloud, on behalf of R.V. Cloud Company, for a Sign Exception
(PLN2004-133) to allow two freestanding signs where one is allowed and
the installation of a new 14-foot tall electronic reader board sign on
property owned by Mr. Stephen Cloud et al located at 3000 S.
Winchester Boulevard in an M-1-S (Light Industrial) Zoning District.
Staff is recommending that this project be deemed Categorically Exempt
under CEQA. (Resolution/Roll Call Vote)
RECOMMENDATION
The City Council may take one of the following actions:
1. Adopt a Resolution denying the appeal of PLN2004-133, and upholding the Planning
Commission denial.
2. Adopt a Resolution granting the appeal of PLN2004-133, and overturning the Planning
Commission denial.
3. Continue the item for additional information or refer the project back to the Planning
Commission.
BACKGROUND
The applicant is proposing to install a new freestanding sign in addition to the existing
freestanding sign located on the same parcel. The existing sign identifies Just Tires and South
Bay Auto Center. The existing sign is 40 square feet in area and is 14 feet tall.
The proposed new sign is a double-sided electronic readerboard sign. This type of sign is also
known as an "electronic programmable display sign" or "electronic message center." The
proposed freestanding sign would be located in the existing RV Cloud Company parking lot
adjacent to the western property line along the railroad right-of--way. The sign would be 14 feet
tall and 50 square feet in sign area. The readerboard portion of the sign is proposed at just under
40 square feet (3 feet 11.5 inches by 9 feet 11 inches).
The top portion of the sign would consist of the business name "R.V. Cloud Co." with the
readerboard portion located immediately underneath. The bottom .portion of the sign would be an
open arch design incorporating the business address number. A raised brick planter bed is shown
surrounding the base of the sign.
On April 12, 2005, the Planning Commission considered a Sign Exception to allow two
freestanding signs where one is allowed and the installation of a new 14-foot tall electronic
City Council Report -May 17, 2005
3000 S. Winchester Boulevard-Appeal of PLN2004-133
Page 2 of 4
reader board sign at the RV Cloud Co.Afacility at 3000 S. Winchester Boulevard.
Five people addressed the Planning Commission in support of the proposed sign.
The Planning Commission adopted Resolution 3641 denying a Sign Exception and electronic
readerboard sign project by a 4-2 vote (one commissioner was absent).
An appeal was filed on April 19, 2004, by Robert Aquilar and Jeffrey Aran, attorneys
representing the applicant and property owner, Mr. Stephen Cloud. A copy of the appeal letter is
attached.
ANALYSIS
Findin s fg or Si ng Exceptions
The Planning Commission was unable to make the required findings for a sign exception. These
findings are contained within the Campbell Municipal Code (21.30.030) and are restated below:
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 sign standards; or
c. The use is of such size and is located in reference to surrounding uses and/or the
traffic circulation system so 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 purposes of this Chapter.
The Planning Commission also denied the request for an electronic readerboard sign based on the
findings contained in Resolution No. 3641.
The Planning Commission made the following finding in regards to traffic safety:
The proposed freestanding sign would be located 73 feet south of the existing
driveway which is also and uncontrolled railway crossing, which will create a
distracting sign display that will create a hazard to pedestrians and motorists.
In the letter of appeal received April 19, 2005, the appellants state that no factual basis for
this finding has been established. Numerous published sources substantiate the fact that at
grade railroad crossings are inherently dangerous and require special measures to mitigate
the risk. For example, the Railroad-Highway Grade Crossing Handbook -Second
Edition, published by the Federal Highway Administration contains the following:
J:\Reports\Council Reports\Appeal 3000 S. Winchester RVCIAUD.doc
City Council Report -May 17, 2005
3000 S. Winchester Boulevard-Appeal of PLN2004-133
Page 3 of 4
However, the severity of crossing accidents demands special attention. One out of
every 430 vehicle accidents resulted in a fatality, but one out of every 12 crossing
accidents resulted in a fatality. In 1983, there were 1, 073 fatalities resulting from all
railroad accidents/incidents. Of these, 53.6%, 575, occurred at crossings, both
public and private. Page 7
A number of studies have evaluated the traffic safety issues regarding electronic
readerboard signs. The following is from the Federal Highway Administration (Literature
Review -Safety Effects of Electronic Billboards -FHWA) and summarizes the research:
The Wachtel and Netherton Report -The safety and aesthetics of commercial
electronic variable message signing were reviewed by the FHWA in 1980. This report
reviewed four previous studies and found that to varying degrees, illuminated billboards
and electronic readerboard signs did increase the crash rate on the subject roadways.
Wisconsin DOT report -this report evaluated the impacts of a variable message
advertising sign near Interstate 94. The report found that the three-year crash rate
increased 36 percent on the eastbound segment and 21 percent on the westbound
segment.
The Curriden Article - A jury in Texas found that an electronic billboard was the
indirect cause of a multiple vehicle crash at an airport and returned a negligence verdict
against the airline. The airport subsequently removed the EBB.
See Attachment 8 for the full Federal Highway Administration literature that discusses
the above cases in more detail.
Staff has contacted the Public Utilities Commission (PUC) to review the proposal as the
PUC has jurisdiction over public and private railroad crossings.
While electronic readerboard signs may be safely used in some locations under normal
conditions, unique circumstances require special consideration. The combination of an
uncontrolled private railroad crossing and an electronic readerboard may be an unsafe
combination based on a review of the available literature.
FISCAL IMPACTS
The approval or denial of this application will not result in fiscal impacts to the City.
J:\Reports\Council Reports\Appeal 3000 S. Winchester RVCLOUD.doc
City Council Report -May 17, 2005
3000 S. Winchester Boulevard-Appeal of PLN2004-133
Page 4 of 4
Attar-hmPntc•
1. Draft City Council Resolution Denying the Appeal
2. Draft City Council Resolution Granting the Appeal
3. Planning Commission Resolution No. 3641
4. Draft Planning Commission Minutes of April 12, 2005
5. Planning Commission Staff Report dated April 12, 2005
6. Letter of Appeal
7. Location Map ,
8. Federal Highway Administration -Literature Review -Safety Effects of Electronic
Billboards
PREPARED BY:
eoff I. adley, Senior Planner
REVIEWED BY: ~'~ ~~•~'/
Sharon Fierro, Community Development Director
APPROVED BY:
Robert Kass, Interim City Manager
J:\Reports\Council Reports\Appea13000 S. Winchester RVCLOUD.doc
o~ ~ ~`~M~
~~ ~~ CAMPBELL
v r
U2CH Ano ~ ~~--
CITY of CAMPBELI. ~.
Community Development Department ,
April 13, 2005
R.V. Cloud Co. Mr. Stephen Cloud
Attn: Stephen Cloud, President 2055 E. McKinley
3000 S. Winchester Boulevard P.O. Box 6078
Campbell, CA 95008 Fresno, CA 93703
Re: PLN2004-133- 3000 S. Winchester Boulevard -Sign Exception - R.V. Cloud Co.
Dear Applicant:
Please be advised that at its meeting of April 12, 2005, the Planning Commission adopted
Resolution No. 3641 denying .your request for a Sign Exception (PLN2004-133) to allow two
freestanding signs where one is allowed and the installation of a 14-foot high electronic reader
board 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, April 22, 2005. 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, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Geoff I. Bradley
Senior Planner
cc: Robert P. Aguilar (Applicant's Attorney)
177 Budd Avenue
Campbell, CA 95008
70 North First Street Campbell, California 95008-1436 ret 408.866.2140 Fnx 408.871.5140 Tuts 408.866.2?90
RESOLUTION N0.3641
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL DENYING A SIGN EXCEPTION TO ALLOW TWO
FREESTANDING SIGNS WHERE ONE IS ALLOWED AND THE
INSTALLATION OF A 14-FOOT HIGH ELECTRONIC READER BOARD
SIGN ON PROPERTY OWNED BY MR. STEPHEN CLOUD ET AL
LOCATED AT 3000 S. WINCHESTER BOULEVARD IN AN M-1-S (LIGHT
INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. STEPHEN
CLOUD, ON BEHALF OF R.V. CLOUD CO. FILE NO.: PLN2004-133.
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 PLN2004-133:
1. The proposed sign would be 14 feet tall and 50 squaze feet in sign area.
2. The sign would be the second freestanding sign on the parcel.
3. The uses on the pazcel constitute a single center that shazes common ingress and egress from
the public street.
4. The proposed freestanding sign would be located 73 feet south of the existing driveway
which is also an uncontrolled railway crossing, which will create a distracting sign display
that will create a hazard to pedestrians and motorists.
5. The subject property is zoned M-1 (Light Industrial) and presents anon-retail environment
through the use of outdoor storage, an industrial canopy building, exposed mechanical
equipment and chain link fences and gates topped with razor wire.
6. The subject property is occupied by a business that has a commercial component but is also
an industrial use.
7. The subject property is developed with six buildings of which three buildings are occupied
by the RV Cloud Company. The remaining three buildings are used by 10 auto repair
businesses and one construction company. RV Cloud also owns and operates an irrigation
supply business, which is located on a sepazate parcel fronting on Dell Avenue.
8. The existing improvements on the property combine to create the appeazance of an industrial
and service commercial use of property. Specifically, the concrete tilt up buildings, the
canopy storage structure, the chain link fencing topped with razor wire, the limited
landscaping and the exposed mechanical equipment all contribute to a non-retail
environment.
Planning Commission Resolution No. 3641
PLN2004-133 -- 3000 S. Winchester Boulevazd -Denial of Sign Exception -- R.V. Cloud Co.
Page 2
9. The proposed sign is a double-sided electronic reader boazd sign. The top portion of the sign
would consist of the business name "R.V. Cloud Co." with the reader board portion located
immediately underneath. The bottom portion of the sign would be an open azch design
incorporating the business address number. A raised brick planter bed is shown surrounding
the base of the sign.
10. The proposed sign is not of consistent design, proportion, materials or colors as the buildings
with which it is associated.
11. The current establishment is identified by three (3) wall mounted signs and two (2) roof
mounted signs, which exceeds current Code requirements.
12. The use has been established on the same site for over 40 years and is easily identified by
passersby.
13. The establishment has a prominent, easy to see, location on Winchester Boulevard, a major
arterial, and Hacienda Avenue, and it also has ready freeway access to Highway 17, by way
of San Tomas Express Way, located just to the north, and to Highway 851ocated to the south.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed sign would exceed the number of freestanding signs allowed by the Municipal
Code.
2. The evidence does not establish that the use or uses for which the signs aze to be erected
would not be adequately identified without modification of the sign standazds.
3. The evidence does not establish that the site is unusually difficult to locate in comparison to
similaz uses without exceeding the sign standazds.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission DENIES a Sign
Exception (PLN2004-133) to allow two freestanding signs where one is allowed and the
installation of a 14-foot high electronic reader board sign on property owned by Mr. Stephen
Cloud et al located at 3000 S. Winchester Boulevard in an M-1-S (Light Industrial) Zoning
District.
PASSED AND ADOPTED this 12`h day of April, 2005, by the following roll call vote:
AYES: Commissioners: Doorley, Ebner, Gibbons and Rocha
NOES: Commissioners: Francois and Rosebeny
ABSENT: Commissioners: Alderete
ABSTAIN: Commissioners: None
Planning Commission Resolution No. 3641
PLN2004-133 -- 3000 S. Winchester Boulevard -Denial of Sign Exception -- R.V. Cloud Co.
age 3
/ ---~~~
. S~a~il/
APPROVED•
Gibbons, Chair
ATTEST:
Shazon Fierro, Secretary
Attachment #4
Planning Commission Minutes of April 12, 2005
Chair Gibbons opened the Public Hearing for Agenda Item No. 1.
Chair Gibbons closed the Public Hearing for Agenda Item No. 1.
Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha,
the Planning Commission adopted Resolution No. 3640 to make the finding
that the City's 2005-2012 Capital Improvement Plan is consistent with the
City's General plan and recommending that Council find the CIP projects,
with the exception of the Well Extraction Project, to be Categorically
Exempt under CEQA, by the following roll call vote:
AYES: Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry
NOES: None
ABSENT: Alderete
ABSTAIN: None
Chair Gibbons advised that this item would be considered by Council at its meeting of May 5,
2005.
***
Chair Gibbons read Agenda Item No. 2 into the record as follows:
2 PLN2004-133 Continued Public Hearing (from the Planning Commission meeting
Cloud, S. of March 8, 2005) to consider the application of Mr. Stephen Cloud,
on behalf of R.V. Cloud Co., for a Sign Exception (PLN2004-133)
to allow two freestanding signs where one is allowed and the
installation of a 14-foot high electronic reader board sign on
property owned by Mr. Stephen Cloud et al located at 3000 S.
Winchester Boulevard in an M-1-S (Light Industrial) Zoning
District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Planning Commission decision
final, unless appealed in writing to the City Clerk within 10 calendar
days. Project Planner: Geoff I. Bradley, Senior Planner
Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows:
• Advised that R.V. Cloud's request has two separate components. One is for a Sign
Exception to allow two freestanding signs where one is allowed and the second is to allow
an electronic reader board sign. The reader board sign would be located within an existing
parking lot, located on the western property line near the railroad right-of--way. The new
sign would be situated within an existing parking space. That parking space would be
made up elsewhere on the site.
• Explained that there is 40 square feet of electronic message area on this reader board sign.
• Reported that this request was reviewed by the Site and Architectural Review Committee at
two meetings, held on February 22°d and March Stn
• Said that there are six buildings on this property. The main building is occupied by R.V.
Cloud Co.
Planning Commission Minutes of April 12, 2005 Page 4
• Added that there are currently five signs on site, identified as Sign A through Sign E. Sign
A is aroof-mounted sign that was installed in 1963. Sign B is a wall mounted sign that
faces north. Sign C is an identical sign to Sign B and faces Winchester Boulevard. Sign D
is a wall sign. Sign E includes facia signage that is painted on the edge of the building.
• Explained that the Sign Ordinance has a number of functions. Its purposes include the
preservation of visual impacts, the elimination of hazards to pedestrians and motorists,
architectural compatibility and the promotion of economic vitality. The standards of the
Sign Ordinance apply to all signs. It is expected that signs are compatible with the
buildings they serve as well as the surrounding area.
• Added that three findings are required to support a Sign Exception. The two first findings
apply in this case. The first is that the site is not adequately identified without the proposed
signage. The second is that the site is difficult to locate without the additional signage
sought.
• Reported that staff is unable to make these required findings. This site is adequately
identifiable due to its location on Winchester Boulevard.
• Stated that a reader board sign is not compatible with the area and out of character.
Additionally, there is the potential that such a sign would constitute a traffic hazard.
• Said that if this reader board sign is to be approved, staff has developed seven measures to
help mitigate its potential impacts. They include removal of non-conforming signs on this
site; removal of the razor wire from this site; screening for the roof-mounted mechanical
equipment; additional landscaping to bring it to current standards; removal of abandoned
vehicles from the site and painting all the buildings on the property in compatible colors.
• Advised that the applicant is here this evening and available for any questions.
Commissioner Ebner asked if R.V. Cloud Co. is primarily a wholesale business.
Senior Planner Geoff I. Bradley replied that it is both a wholesale and retail business.
Chair Gibbons asked about the existing signs.
Senior Planner Geoff I. Bradley explained that one sign is permitted per street frontage.
Commissioner Roseberry presented the Site and Architectural Review Committee report as
follows:
• SARC reviewed this request at its meetings of February 8~" and 22"a
• Added that SARC had requested more information be provided about reader board signs.
Chair Gibbons asked for clarification that SARC had not come to any conclusions or
recommendations.
Commissioner Roseberry replied correct.
Chair Gibbons opened the Public Hearing for Agenda Item No. 2.
Mr. Robert Aguilar, Attorney for Applicant, 177 Budd Avenue:
Planning Commission Minutes of April 12, 2005 Page 5
• Explained that he has been a resident of Campbell since 1960.
• Thanked the Commission for the opportunity to present this request this evening.
• Informed that Mr. Stephen Cloud is now the sole owner of R.V. Cloud Co.
• Said that two matters are before the Planning Commission this evening. One is the request
for two signs where one is allowed and the second is the request for a reader board sign.
• Pointed out that nothing being asked for is anything greater than is at the Heritage Theatre.
• Stated his belief that this request meets the criteria for several reasons.
• Said that the first is the requirement to find that the use or uses are not adequately
identified without the requested signs.
• Explained that they are trying to identify certain sale items as well as to help advertise 17
civic events with this reader board sign.
• Assured that this would be a discrete sign, a quiet sign that is intended to give information
to the public.
• Said that they have a top quality showroom on the premises and this sign would help
support that.
• Said that the second required finding is that the site is unusually difficult to locate.
• Stated his belief that this signage is required to help patrons locate R.V. Cloud Co. This
site is not properly designated. They need this signage to do so.
• Advised that two tenants, Just Tires and South Bay Auto Center, are tenants on site. The
sign for Just Tires was installed without consulting with R.V. Cloud Co.
• Explained that when one is headed north along Winchester, drivers cannot see the R.V.
Cloud Co. until they are right up close due to existing trees and shrubs.
• Explained that the razor wire was installed at the recommendation of a former Police Chief.
Prior to its installation, Police had to be called out two to three times a week to deal with
burglaries on site.
• Assured that they are willing to go along with the Planning Commission and staff
requirements.
• Pointed out that Mr. R.V. Cloud came to the City of Campbell 42 years ago to open this
company. This is a good business and they want it to continue. R.V. Cloud used to be the
biggest sales tax generators until Fry's came to Campbell. Now R.V. Cloud is in second
place.
• Advised that Mr. Cloud's son, Stephen has now taken over the business.
• Reminded that R.V. Cloud is very supportive of community events. Every charity that has
come to R.V. Cloud to solicit funds has received support.
• Stated that R.V. Cloud Co. is a good citizen to this community.
• Reminded that Finding C is deemed by staff to not be applicable in this matter.
• Reported that pursuant to Finding B, this site is difficult to locate.
• Reminded that there are two signs serving the Heritage Theatre. One is located at the
corner of Campbell Avenue and Winchester Boulevard. Another monument sign is located
further down Campbell Avenue.
• Assured that their proposed signs would not harm the public. They are not dangerous to
vehicle traffic or to pedestrians. The R.V. Cloud Co. property is no different than the
Heritage Theatre site in that there is a gas station located across the street for both
locations.
Planning Commission Minutes of April 12, 2005 Page 6
• Pointed out that the Heritage Theatre's sign includes bursting stars and such while their
sign would not include such things. Their sign would consist of only two colors and would
be in good taste.
• Said that including a second sign would not be damaging to the public.
• Reminded that they had no control over the Just Tires sign but if this request is approved,
they would have that sign removed.
• Said that the legal non-conforming roof-mounted sign would be removed with this
approval if necessary. One of two existing wall signs (either B or C) would be removed
with this approval. Sign D could be removed if necessary. They also have no problem
with removal of Sign E, the facia signs.
• Reiterated that they would comply with any reasonable request by the City. They are
willing to work with the Commission and staff.
• Introduced Jeffrey L. Aran, a Sign Law Attorney, who has studied signage issues.
Commissioner Francois asked Mr. Robert Aguilar for a break down between the wholesale and
retail components of R.V. Cloud's business.
Mr. Robert Aguilar, upon consultation of Mr. Cloud, replied that the breakdown is 50-50.
Commissioner Rocha asked whether the site is more retail in appearance or industrial.
Mr. Robert Aguilar replied that the site does not appear to be industrial but could be perceived
as a warehouse use. However, it is no different than other retail and looks retail.
Commissioner Rocha disagreed, saying it looks industrial with an inordinate amount of
signage. It started as industrial and evolved into a quasi retail use.
Mr. Robert Aguilar:
• Advised that this property was vacant land when it was purchased by Mr. Cloud. The fact
that it is now used for both retail and wholesale uses may be the reason why these
additional signs are needed.
• Reported that in 1946, this company was the first plumbing outlet in the Santa Clara Valley
that sold directly to the public, when it was known as the Fresno Distributing Company.
Mr. Jeffrey L. Aran, Attorney for Applicant:
• Said that he had provided his analysis of the Sign Ordinance.
• Said that the vision of R.V. Cloud Co. for its future demonstrates the importance of these
signs to the success and survival of this company, a company that has been of service to the
community and the Valley.
• Reminded that there has been tremendous competition from big box retailers and that R.V.
Cloud offers an alternative to such businesses as Home Depot and Lowe's. R.V. Cloud
recently completed a $100,000 showroom upgrade.
• Said that this sign request represents a new vision for Winchester Boulevard and would set
the tone, pace and standard for the area. If the City takes the position against such a
change, it would hamper the ability of R.V. Cloud to survive at this location.
Planning Commission Minutes of April 12, 2005 Page 7
• Reminded that thousands of dollars would be spent for this sign.
• Advised that when this sign goes up, revenues for this business would go up by 20 percent.
This business could go forward for another 40 years.
• Pointed out that there are three distinct parcels here although only one Assessor Parcel
Number.
• Said that while the Ordinance allows one sigh per parcel, this seven plus acre parcel
consists of three units. The intent of this Sign Ordinance was not for such a site. It is not
intended to limit a business' ability to survive.
• Said that there is no data to support that such a sign would represent a traffic safety issue.
No data exists that shows that such a sign has been implicated in traffic accidents.
• Disagreed with staff's contention that this sign is not architecturally compatible.
• Argued that there is no reason not to approve this request.
Chair Gibbons asked if all tenants to this parcel take access from Winchester Boulevard.
Senior Planner Geoff I. Bradley replied that the corner parcel, where the auto repair businesses
are located, is accessed from Hacienda Avenue. There used to also be an access from Dell but
that no longer exists.
Mr. Carl San Miguel, 393 E. Campbell Avenue, Campbell:
• Said he has been in business in Campbell for 35 years and enjoys Campbell.
• Said he is here this evening as the President of the Campbell Chamber of Commerce.
• Expressed his support for the electronic reader board sign, saying he has seen drawings of
the proposed sign.
• Stated that businesses need to advertise in order to survive.
• Reported how frustrating it is when one is searching for a business and cannot see the name
and/or address to help located it.
• Said that the proposed reader board sign would enhance R.V. Cloud as well as the City's
coffers.
• Encouraged approval.
Mr. Dana Smith, 412 E. Campbell Avenue, Campbell:
• Identified himself as the President of the Downtown Campbell Business Association.
• Stated that he is pro-business.
• Said that this sign request should be approved and reminded that the Heritage Theatre
already has such a sign.
Mr. Evan Low, 563 Merrimac Drive, Campbell:
• Said he supports this electronic reader board sign.
• Said that these are hard economic times.
• Disagreed with the concern that this area would look like Las Vegas with this sign.
• Stressed the importance of sales tax revenue.
• Reminded of R.V. Cloud's philanthropic mentality.
• Said that this applicant has bent over backwards to adhere to the City's regulations. There
should be no bureaucratic barriers to business.
Planning Commission Minutes of April 12, 2005 Page 8
• Urged support for this request.
Mr. Arthur Low, 621 E. Campbell Avenue, #11-B, Campbell:
• Joked that while Evan used to be known as his son, now he is known as Evan's father.
• Congratulated Tom Francois for his recent honor as Citizen of the Year.
• Said that this request from R.V. Cloud Co. is both reasonable and practical.
• Stated that this sign would increase sales tax revenues and could also advertise community
events.
Mr. Robert Kwok, 300 N. Milton Avenue, Campbell:
• Said he speaks on behalf of the Campbell Education Foundation and his own family.
• Pointed out that he has four kids in Campbell schools.
• Identified himself as a do-it-yourselfer who likes to patronize local businesses to help them
survive and prosper.
• Recounted that he used to shop at Winchester Hardware and Ace Hardware and can no
longer do that since both have closed.
• Said that it is a good idea to beautify this property.
• Said that this is a local business and local businesses support local fundraisers.
Commissioner Ebner asked how the sales increase by 20 percent with this sign was calculated.
Mr. Jeffrey L. Aran replied that a University of San Diego School of Business study found
through a mathematical analysis over athree-year period that a 20 percent increase in revenues
occurred with sign changes.
Commissioner Ebner pointed out that this does not necessarily require a reader board sign.
Any sign could increase revenues.
Mr. Jeffrey L. Aran replied he was not sure. He is speaking of freestanding signs that are
visible from traffic.
Commissioner Francois asked if the purpose of the sign is to advertise R.V. Cloud products.
Mr. Jeffrey L. Aran replied that it would advertise products and specials. He added that the
study he quoted attempted to distinguish impacts between signs versus other marketing efforts.
Chair Gibbons closed the Public Hearing for Agenda Item No. 2.
Commissioner Francois asked City Attorney Seligmann to clarify the difference between
content based regulations versus content neutral regulation.
City Attorney William Seligmann replied that content based regulations would consider
message content while content neutral regulations would not.
Commissioner Rocha said that content should not be a basis.
Planning Commission Minutes of April 12, 2005 Page 9
City Attorney William Seligmann replied correct.
Commissioner Roseberry:
• Said that the applicant has gone to a lot of work for this sign and clearly really wants it.
• Stressed that this Commission is not trying to penalize this applicant but rather represents
the citizens of Campbell at large.
• Stated that he was originally opposed to this request but sees an opportunity here.
• Reminded that R.V. Cloud is willing to bring its site in line with the sign. This request is a
catalyst to make changes to bring this property into the future.
• Said that there are reasons to approve and to deny.
• Stated that this is a unique property, in a location that is set back some distance from the
road. People must cross a railroad track to access the business.
• Said that this sign request would not open the floodgates to Las Vegas style signs.
• Cautioned that this is not a tax revenue issue.
• Said that this is a time for face lift on this property.
• Said he would be supportive.
Commissioner Francois:
• Said he concurs.
• Stated that this is an excellent opportunity to improve this whole site.
• Said that this offers an opportunity to change what's there and bring it into the 21St
Century.
• Advised that he too would support this request.
Commissioner Rocha:
• Said he applauds this applicant's enthusiasm.
• Reported that he called seven local cities and spoke with planners in four of them (Santa
Clara, Los Gatos, Cupertino and Saratoga). Three cities did not return calls (Mountain
View, Milpitas and Sunnyvale).
• Advised that none of these cities have such reader board signs.
• Added that he drove along The Alameda from San Jose to Mountain View and along
Stevens Creek Boulevard from Highway 17 to Highway 85. During that drive, he found no
electronic reader board signs, no blinking or moving signs. He did find some temperature
signs.
• Explained that the purpose of a Sign Ordinance is to offer a level playing field. The same
Sign Ordinance applies to all.
• Reported that his background is in CommerciaUIndustrial real estate.
• Said that one problem for this site is the placement of its building. This is an on-going
industrial complex with a retail overlay. This proposal would not address the retail
shortcomings of this site. It needs things such as additional parking.
• Reminded that R.V. Cloud Co. recently obtained a permit for a large canopy on this
property. This canopy adds a more industrial component, not less.
• Stated that he is not inclined to support this request. This is not the time nor place for such
a sign.
Planning Commission Minutes of April 12, 2005 Page 10
Commissioner Doorley:
• Said that there are two separate issues. One is the desire for a second sign. The other is the
desire for a reader board sign.
• Stated that he was okay with the request for a second sign and felt that justifying that
request was easy.
• Added that he is conflicted on the reader board aspect.
• Pointed out that not too many people like the Heritage Theatre sign. It is not so great.
• Expressed his surprise that 80 percent of that sign would be the reader board itself and that
the R.V. Cloud Co. designation on the sign would be an insignificant part of it.
• Stated that consistency is important.
• Questioned whether similar requests from Home Depot, Fry's and/or Staples would be
supportable.
• Said that he is conflicted on this issue.
Commissioner Rocha:
• Said that he contacted two commercial center owners and asked their opinions on having
such a sign on their properties. One said he had no interest in having one and the other said
he would want one if it were available.
Commissioner Ebner:
• Agreed that the mention of R.V. Cloud on the reader board sign represents a very small
portion.
• Said he loves the opportunity to improve this property.
• Cautioned that the issue is not revenue for the City.
• Suggested a compromise.
• Said if a new sign could help this business, there might be another way, but that a reader
board sign is not the way.
• Stated he could not support this request at this time.
Chair Gibbons:
• Complimented the other Commissioners on their thoughtful statements.
• Said that the Sign Ordinance is clear on the intent on what is to be achieved as a
community.
• Reminded that the City's General plan was updated two years ago and the Ordinances were
revised to reflect that update.
• Pointed out that streets such as Campbell and Winchester are entry points to the City and
offer significant contributions to the community.
• Said that a reader board sign is clearly not acceptable.
• Agreed that there is a fairly significant opportunity here.
• Said that for other large sites in the City, the Commission has looked at the Master Sign
Programs.
• Suggested that for a solid retail image, a uniform appearance is important. This is a great
opportunity to work with this applicant.
• Stressed the importance for fairness and consistency.
Planning Commission Minutes of April 12, 2005 Page 11
• Pointed out that there are many other successful businesses here that have thrived. This is
a good business-friendly community.
• Said that the problem here is that people do not know what the core business of R.V. Cloud
Co. is. Their signs don't identify what they are.
• Said that there is a community standard and she agreed with Commissioner Ebner's
concern that 80 percent of the space on the reader board is for advertising rather than to
specifically identify this business.
• Said she does not support the specific request before the Commission for two signs and a
reader board sign.
• Added that she could support a Master Sign Program for the site.
Director Sharon Fierro:
• Suggested that if a Master Sign Program and site improvements are desired, this
application could be referred back to staff to work further with this applicant.
• Cautioned that the reader board is important to this applicant.
Chair Gibbons advised that likely options this evening are to take action on the proposal as
presented or refer it back to staff with direction. She said that she would like to be supportive
of this business.
Commissioner Doorley suggested that the applicant's preference on what action to take this
evening be sought. This is what has been done previously with other applications requiring a
continuance.
Commissioner Rocha agreed.
Director Sharon Fierro asked the City Attorney if a continuance is an option.
City Attorney William Seligmann replied yes.
Director Sharon Fierro outlined the options available as being a continuance or the approval or
denial of the request. She asked that the Commission be very specific on its expectations if
this item is continued. Otherwise, action to approve or deny should occur.
Commissioner Francois asked the City Attorney about First Amendment issues.
City Attorney William Seligmann said that the First Amendment does apply to signs.
Chair Gibbons said that the First Amendment applies to sign content but not to the existence of
a sign.
City Attorney William Seligmann reminded that his confidential attorney-client privileged
memo provided to the Commission is something that he prefers not to discuss in a public
forum.
Chair Gibbons re-opened the Public Hearing for Agenda Item No. 2.
Planning Commission Minutes of April 12, 2005 Page 12
Commissioner Francois asked if the suggestion being put forth is to take the reader board sign
off the table.
Chair Gibbons replied yes.
Mr. Robert Aguilar., Applicant's Attorney, asked what is being proposed. Is it no reader board
and/or something as an alternative to it?
Chair Gibbons said that what is proposed is the development of a Master Sign Program for the
entire site and site improvements which would result in an overall positive image for the
businesses on site. This could include one or more monument signs but it appears the
consensus is not there for a reader board sign.
Mr. Robert Aguilar said that his client really wants this reader board. He asked the
Commission to take its vote and they would take it up on appeal.
Chair Gibbons re-closed the Public Hearing for Agenda Item No. 2.
Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Ebner,
the Planning Commission adopted Resolution No. 3641 DENYING a Sign
Exception (PLN2004-133) to allow two freestanding signs where one is
allowed and the installation of a 14-foot high electronic reader board sign
on property owned by Mr. Stephen Cloud et al located at 3000 S.
Winchester Boulevard, by the following roll call vote:
AYES: Doorley, Ebner, Gibbons and Rocha
NOES: Francois and Roseberry
ABSENT: Alderete
ABSTAIN: None
Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
***
Chair Gibbons called for a break at 9:05 p.m.
Chair Gibbons reconvened the meeting at 9:10 p.m.
Chair Gibbons read Agenda Item No. 3 into the record as follows:
j
ITEM NO. 2
of ' SAM
~~• Ae~
0 o CITY OF CAMPBELL • PLANNING COMMISSION
~~ Staff Report • April 12, 2005
•~RCHAa~•
PLN2005-133 Public Hearing to consider the application of Mr. Stephen Cloud, on behalf
Cloud, Steven. of R.V. Cloud Company, for a Sign Exception (PLN2004-133) to allow two
freestanding signs where one is allowed and the installation of a new 14-
foot tall electronic reader board sign on property owned by Mr. Stephen
Cloud et al located at 3000 S. Winchester Boulevard in an M-1-S (Light
Industrial) Zoning District. Staff is recommending that this project be
deemed Categorically Exempt under CEQA.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, denying a Sign Exception
(PLN2005-133) to allow two freestanding monument signs, and the installation of a 14 foot
high electronic reader board sign.
PROJECT DATA
Sign Area Proposed:
Sign Area Permitted:
Sign Height Proposed:
Sign Height Permitted
50 square feet
50 square feet
14 feet
14 feet
DISCUSSION
Applicant's Proposal: The applicant is requesting a Sign Exception to allow two freestanding
signs where one is allowed and the installation of a new 14-foot tall electronic reader board sign
for RV Cloud Company located at 3000 S. Winchester Boulevard.
The applicant is proposing to install a new freestanding sign in addition to the existing
freestanding sign located on the same parcel. The existing sign identifies Just Tires and South
Bay Auto Center. The existing sign is 40 square feet in area and is 14 feet tall.
The proposed new sign is a double-sided electronic readerboard sign. This type of sign is also
known as an "electronic programmable display sign" or "electronic message center." The
proposed freestanding sign would be located in the existing RV Cloud Company parking lot
adjacent to the western property line along the railroad right-of--way. The sign would be 14 feet
tall and 50 square feet in sign area. The readerboard portion of the sign is proposed at just under
40 square feet (3 feet 11.5 inches by 9 feet 11 inches).
The top portion of the sign would consist of the business name "R.V. Cloud Co." with the
readerboard portion located immediately underneath. The bottom portion of the sign would be an
open arch design incorporating the business address number. A raised brick planter bed is shown
surrounding the base of the sign.
Staff Report -Planning Commission Meeting of April 12, 2005
PLN2004-133 - 3000 S. Winchester Blvd.
Page 2 of 8
Back round: This project was continued from the February 22, 2005 and March 8, 2005
Planning Commission meetings at the request of the applicant.
The subject property is developed with six buildings of which three buildings are occupied by
the RV Cloud Company. The remaining three buildings are used by 10 auto repair businesses
and one construction company. RV Cloud also owns and operates an irrigation supply business
which is located on a separate parcel fronting on Dell Avenue. The RV Cloud Company building
was originally approved in 1963. A 15,625 square foot industrial canopy structure was approved
by the Planning Commission on March 25, 2003.
The following timeline summarizes this application:
• Application Filed:
• Incomplete Letter Sent:
• Planning Commission Study Session:
• Incomplete Letter Sent:
• Application Deemed Complete:
• Site & Architectural Review Committee:
• Site & Architectural Review Committee:
• Planning Commission Public Hearing
• Planning Commission Public Hearing:
• Planning Commission Public Hearing:
September 14, 2004
October 4, 2004
December 14, 2004
January 10, 2004
February 1, 2005
February 8, 2005
February 22, 2005
February 22, 2005(continued to March 8,
2005 at request of applicant)
March 8, 2005 (continued to April 12, 2005
PC meeting at request of applicant)
April 12, 2005
ANALYSIS
Sign Regulations: The zoning code regulates signs located on private property and has the
following purpose statement (Chapter 21.30.010 -Purpose):
This chapter regulates the height, size, location, duration, and design of signs for
the following purposes:
a. To preserve and improve the visual quality of the city;
b. To eliminate hazards to pedestrians and motorists brought about by
distracting sign displays;
c. To ensure architectural compatibility with adjacent buildings and the
surrounding environment; and
d. To promote the economic vitality of the city by maintaining the
identification, visibility and individual character of each business.
The city recognizes the economic need for a sign to function as a means of
business and product identification. This chapter is intended to allow a reasonable
amount of signage for business, product and building identification so as to
provide adequate information to the public without creating a cluttered visual
Staff Report -Planning Commission Meeting of April 12, 2005
PLN2004-133 - 3000 S. Winchester Blvd.
Page 3 of 8
environment. These regulations shall apply to all zoning districts in addition to
any specific provisions in the applicable zoning district regulations. The city
council finds that any and all violations of this chapter unnecessarily detract from
the public health, safety, and welfare and are indecent and offensive to the senses
in that they unnecessarily clutter the environment and therefore constitute a public
nuisance. (Ord. 2043 § 1(part), 2004).
The following standards are contained within the Zoning Code and are applicable to all proposed
permanent signs:
CMC 21.30.080 -Permanent signs shall be designed so as to be architecturally
compatible with and suitable for the buildings and structures with which they are
associated as well as the surrounding area. Freestanding signs shall be of similar
design, proportion, materials, and color as the buildings they are associated with
to the greatest extent feasible.
The proposed freestanding sign is not compatible with the existing freestanding sign. The
existing freestanding sign is a simple illuminated box. The designs of the two signs on the same
property are not coordinated or complementary to each other
The sign is not architecturally compatible with the other buildings on the property as required by
the sign code. There are four buildings on the property which include the following:
• Multi-tenant auto repair building to the north;
• The main RV Cloud building
• The RV Cloud canopy at the rear of the site, and;
• Multi-tenant auto repair building to the south.
Each building displays disparate design elements including colors, roof forms and materials. In
addition each building, with the exception of the canopy building, is encumbered with an non-
conforming signage that detracts from the visual quality of the area. The existing improvements
on the property combine to create the appearance of an industrial use of property. Specifically,
the concrete tilt up buildings, the canopy storage structure, the chain link fencing topped with
razor wire, the limited landscaping and the exposed mechanical equipment all contribute to a
non-retail environment.
In contrast, the office buildings and gas stations located in the vicinity display business signage
in keeping with the regulations of the sign code. Given the context of the site and its
surroundings, staff believes that the proposed sign is not compatible with the surrounding area as
required by the code.
Sign Exception Requirements: Under Section 21.30.080(A) of the Sign Ordinance, a
commercial business is permitted one freestanding sign for each parcel of land. The size of the
sign shall not be greater than one square foot of sign area for each linear foot of business
frontage, with a maximum sign area of 50 square feet and a minimum sign area of 20 square feet.
The maximum height of a freestanding sign is 14 feet above the ground. The applicant would be
Staff Report -Planning Commission Meeting of April 12, 2005
PLN2004-133 - 3000 S. Winchester Blvd.
Page4of8
allowed one 50 square foot freestanding sign on this parcel with a maximum height of 14-feet.
SIGN EXCEPTION FOR TWO FREESTANDING SIGNS
Signage which is consistent with these standards may be approved by the Community
Development Director. However, sign proposals that exceed the maximum height and size
requirements, or additional signs, must be considered by the Planning Commission for approval.
Section 21.30.030 of the Sign Ordinance stipulates that the Planning Commission may authorize
increased sign area or increased sign height when it determines that one or more of the following
apply:
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 sign standards; or
c. The use is of such size and is located in reference to surrounding uses and/or the traffic
circulation system so 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
purposes of this Chapter.
In regards to the first finding, the use has been established on the same site for over 40 years and
is easily identified by passerbys by the existing signage as detailed in Table 1 below. The site is
currently adequately identified.
The site is not unusually difficult to located due to the prominent location on Winchester
Boulevard and Hacienda Avenue. The existing railroad tracks create a 50 foot wide area between
the curb line on Winchester and the property line and parking area of the subject parcel.
However, the building is located 115 feet from the edge of the road. This distance is comparable
to other commercial properties with parking lots in the front of the building.
The third finding is not applicable, as the proposal does not include a request for higher or
temporary off-site signs.
Staff does not believe that the findings for more than one freestanding sign can be made for the
subject property.
Approvals for multiple signs on parcels are sometimes made for shopping centers with numerous
tenants (i.e. 30 to 50 tenants). Examples of these would include the PruneYard, Campbell Plaza
and Kirkwood Plaza
Staff Report -Planning Commission Meeting of April 12, 2005
PLN2004-133 - 3000 S. Winchester Blvd.
Page 5 of 8
Table 1 -Existing R.V. Cloud Co. Signage.
Sign Type Reading Size... Sign Notes
Ordinance
A) Roof RV CLOUD Approx. Existing This sign is visible
Mounted CO. 500 sq. ft. legal non- from Highway 17.
Sign conforming The rear of the
sign from sign is visible
1963 from Hacienda
Ave. and
Winchester Blvd.
B) Wall Sign - R.V. Approx. 40 One wall Painted wall sign
Facing North CLOUD CO. sq. ft. sign
ermitted
C) Wall Sign - R.V. Approx. 40 One wall Painted wall sign
Facing West CLOUD CO. sq. ft. sign
ermitted
D) Wall Sign - R.V. Approx. 30 One wall Individual metal
Facing West CLOUD CO. sq. ft. sign letters near front
Wholesale permitted door
Plumbing &
Heatin
E) Fascia Sign Public Approx. Roof Signs This sign is
or Roof Sign Welcome, 150 s.f. prohibited considered a roof
Wholesale unless sign because it is
Plumbing, approved by "mounted above
Pipes, Sinks, PC by the eave of the
Toilets, etc. 21.30.OSO.F building" per
21.30.020 -
Definitions.
As Table 1 shows, the existing signage associated with R.V. Cloud Co. exceeds the requirements
of the Zoning Code in regards to types of signs, number of signs and size of signs. The existing
roof signs are not allowed by the Zoning Code without approval of a Sign Exception. The larger
roof sign (Sign A) is a legal non-conforming sign dating from 1963. Three wall signs exist where
one is allowed without approval of a Sign Exception.
ELECTRONIC READER BOARD SIGN
The existing readerboard signs in the community serve to communicate with the public through
changeable text about upcoming events and movies. The venues are all public gathering places
(live theatre, movie theatres, schools and social service club). The use of readerboard signs by
retail establishments would potentially have a significant impact on the image of the city as
viewed by the public and would set a precedent for readerboard sign approvals throughout the
city.
Staff Report -Planning Commission Meeting of April 12, 2005
PLN2004-133 - 3000 S. Winchester Blvd.
Page6of8
There are currently only a handful of readerboard signs in the community. Of those, there is only
one electronic readerboard sign, located at the Campbell Community Center. The signs are as
follows:
• Heritage Theatre sign
• PruneYard sign
• Campbell Plaza movie theatre sign
• American Legion sign
• Campbell Schools
The Heritage Theatre sign is located at the Campbell Community Center. This sign serves to
announce the changing performances at the Heritage Theatre and serves a community wide
interest. The City Council approved the sign as part of an overall master sign program on July 1,
2003.
The Community Development Department has historically discouraged readerboard signs for
uses other than public gathering places such as movie theatres, churches and schools.
The proposed electronic readerboard sign is located 73 feet south of the driveway serving RV
Cloud Company This driveway is the only uncontrolled train crossing within the City of
Campbell. Southern Pacific Railway freight trains currently use this track on a weekly basis. The
Vasona Line of the Valley Transportation Authority light rail system is planned to eventually
connect to the Town of Los Gatos near Highway 85. The frequency of trains would be
substantially more once this extension is completed. In order to avoid a potential traffic hazard
through driver distraction at this critical location, staff believes that anon-readerboard sign
would be more appropriate.
At the December 14, 2004 Planning Commission Study Session, the commission requested a
summary of the requirements of other cities as they pertain to electronic readerboard signs. This
information is provided below:
CITY Re uirements Si Qrdinance
ADJACENT CIT IES
San Jose Allowed for buildings 23.04.110)
with at least 125,000 s.f.
Los Gatos Not allowed 21.30.OSO.F
Sarato a Not Allowed Per Plannin staff
OTHER CITIES COUNTY-WIDE
Cupertino Allowed for Shopping 17.24.150
Centers with at least 20
tenants and 50,000 s.f.
must be 500 ft. from
Residential uses.
Sunnyvale Allowed for theatres with Per Planning staff
at least 200 seats
Staff Report -Planning Commission Meeting of April 12, 2005
PLN2004-133 - 3000 S. Winchester Blvd.
Page 7 of 8
Santa Clara Not normall allowed. Per Plannin staff
Milpitas Allowed with PC Per planning staff &
approval. Graphic panels XI-30-4.02 Regional
or video displays maybe Shopping Centers
approved for the Great
Mall
Mtn. View Allowed EC. A36.38.060. Sign
regulations.
Such sign elements shall be
designed as a part of and
integrated fully with the
architectural design of any
other sign permitted on the
same parcel of land; except
that churches, theaters,
places of entertainment or
other similar use where
programs or performances
change on a routine basis
may establish a separate
readerboard sign in addition
to any primary signs allowed
in the applicable zone
district. All readerboards
shall be counted towards and
shall comply with the sign
area limitations of the zone
district in which the sign is
located.
As Table 2 illustrates, there is a variety of approaches to the regulation of electronic readerboard
signs by the cities in Santa Clara County.
General Plan Policies
The General Plan identifies Winchester Boulevard as one of four image streets within the
community. As noted in the General Plan, "the image streets give Campbell much of its
character, are some of its strongest elements of community form and delineate many of its
districts. The Streetscape Policy has four goals:
• Provide a consistent Streetscape treatment along major streets that utilizes street trees as a
strong component in design.
• Enhance Campbell's identity and community image.
• Improve the pedestrian environment along Campbell's major street.
• Screen parking areas by providing landscaping between the street and the parking lots.
Staff Report -Planning Commission Meeting of April 12, 2005
PLN2004-133 - 3000 S. Winchester Blvd.
Page 8 of 8
Staff believes that the proposed electronic readerboard is out of character for the area and
incompatible with the existing improvements on the property and creates a potential traffic
hazard. However, the Planning Commission has traditionally asked that staff provide both the
findings for approval and denial as well as conditions of approval. These findings are included as
attachments. The Conditions of Approval include a number of recommended improvements to
the property intended to create a more welcoming commercial retail appearance and bring the
property up to compliance with some of the existing zoning standards.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application on February 8, 2005 and February 22, 2005. The committee requested
more information regarding electronic readerboard signs. The SARC memos are attached.
Attachments:
1. Findings for Denial of PLN2004-133
2. Findings for Approval of PLN2004-133
3. Conditions of Approval for PLN2004-133
4. December 14, 2005 Planning Commission Study Session memo
5. February 8, 2005 SARC memo
6. February 22, 2005 SARC memo
7. Applicant's Letter
8. Electronic Readerboard information supplied by applicant
9. Correspondence from Jeffrey L. Aran, The Sign Lawyer dated Apri14, 2005
10. Sign Exhibits
11. Location Map
~"' , ,
Prepared by: ~ ; ~~~ ~ ~~~~~
Geoff I./J[a~d~le~y~, Senior Planner
/~/7~ ~~~
Approved by:
Sharon Fierro, Community Development Director
Agenda Item No. 2
Revised Attachment #1
Page 1 of 2
REVISED FINDINGS FOR DENIAL OF FILE NO. PLN2004-133
SITE ADDRESS: 3000 S. Winchester Blvd.
APPLICANT: Mr. Stephen Cloud
DATE: April 12, 2005.
Findings for denial of a Sign Exce tion (PLN2004-133) to allow a freestanding
monument si on property located at 3000 S. Winchester Boulevard.
The Planning Commission finds as follows with regard to File No. PLN2004-133:
1. The proposed sign would be 14 feet tall and 50 square feet in sign area.
2. The sign would be the second freestanding sign on the parcel.
3. The uses on the parcel constitute a single center that shares common ingress and
egress from the public street.
4. The proposed freestanding sign would be located 73 feet south of the existing
driveway which is also an uncontrolled railway crossing, which will create a
distracting sign display that will create a hazard to pedestrians and motorists.
5. The subject property is zoned M-1 (Light Industrial) and presents anon-retail
environment through the use of outdoor storage, an industrial canopy building,
exposed mechanical equipment and chain link fences and gates topped with razor
wire.
6. The subject property is occupied by a business that has a commercial component but
is also an industrial use.
7. The subject property is developed with six buildings of which three buildings are
occupied by the RV Cloud Company. The remaining three buildings are used by 10
auto repair businesses and one construction company. RV Cloud also owns and
operates an irrigation supply business, which is located on a separate parcel fronting
on Dell Avenue.
8. The existing improvements on the property combine to create the appearance of an
industrial and service commercial use of property. Specifically, the concrete tilt up
buildings, the canopy storage structure, the chain link fencing topped with razor wire,
the limited landscaping and the exposed mechanical equipment all contribute to a
non-retail environment.
Agenda Item No. 2
Revised Attachment #1
Page 2 of 2
9. The proposed sign is a double-sided electronic reader board sign. The top portion of
the sign would consist of the business name "R.V. Cloud Co." with the reader board
portion located immediately underneath. The bottom portion of the sign would be an
open arch design incorporating the business address number. A raised brick planter
bed is shown surrounding the base of the sign.
10. The proposed sign is not of consistent design, proportion, materials or colors as the
buildings with which it is associated.
11. The current establishment is identified by three (3) wall mounted signs and two (2)
roof mounted signs, which exceeds current Code requirements.
12. The use has been established on the same site for over 40 years and is easily
identified by passersby.
13. The establishment has a prominent, easy to see, location on Winchester Boulevard, a
major arterial, and Hacienda Avenue, and it also has ready freeway access to
Highway 17, by way of San Tomas Express Way, located just to the north, and to
Highway 85 located to the south.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed sign would exceed the number of freestanding signs allowed by the
Municipal Code.
2. The evidence does not establish that the use or uses for which the signs are to be
erected would not be adequately identified without modification of the sign standards.
3. The evidence does not establish that the site is unusually difficult to locate in
comparison to similar uses without exceeding the sign standards.
Attachment # 1
FINDINGS FOR DENIAL OF FILE NO. PLN2004-133
SITE ADDRESS: 3000 S. Winchester Blvd
APPLICANT: Mr. Stephen Cloud
DATE: April 12, 2005
Findings for denial of a Si Exception (PLN2004-1331 to allow a second freestanding
electronic readerboard monument sign on property located at 3000 S. Winchester Boulevard.
The Planning Commission finds as follows with regard to File No. PLN2004-133:
1. The use for which the sign is to be erected is adequately identified with the existing signage.
2. The site is not unusually difficult to locate in comparison to similar uses without exceeding
the sign standards.
3. The proposed sign is not architecturally compatible with the buildings in terms of color, style
and design and would not contribute to the visual quality of the City.
4. The proposed freestanding sign would be located 73 feet south of the existing driveway
which is also an uncontrolled railway crossing, which will create a distracting sign display
that will create a hazard to pedestrians and motorists.
5. The sign would be 14 feet tall and 50 square feet in sign area.
6. The sign would be the second freestanding sign on the parcel.
7. The proposed sign is not compatible with the other freestanding sign on the parcel in terms of
relation to the street, color, shape and display type.
8. The proposed sign is not architecturally compatible or suitable for the surrounding area due
to the over concentration of signs on the property.
9. The subject property is zoned M-1 (Light Industrial) and presents anon-retail environment
through the use of outdoor storage, an industrial canopy building, exposed mechanical
equipment and chain link fences and gates topped with razor wire.
10. Readerboard signs may be approved by the Planning Commission for theatres and
commercial uses. The subject property is occupied by a business that has a commercial
component but is also an industrial use.
11. The project qualifies as Categorically Exempt project under Section 15303, Class 3 of the
California Environmental Quality Act (CEQA), pertaining to the construction of new small
accessory structures.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed sign is inconsistent with the purposes of the Sign Ordinance by not preserving
Findings for Approval -Planning Commission Meeting of April lt, Z005
PLN2004-133 - 3000 S. Winchester Blvd. Page 2 of 2
and improving the visual character of the community.
2. The proposed sign would be detrimental to the public welfare or persons in the neighborhood
or the City as a whole and the premises currently possesses reasonable business
identification.
3. The proposed sign will not promote the economic viability of the City in that the business
already possesses adequate identification, visibility and individual character, and will not
best serve the public welfare and would not be in keeping with the principles and purposes of
the City's Sign Ordinance.
4. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
Attachment #2
FINDINGS FOR APPROVAL OF FILE NO. PLN2004-133
SITE ADDRESS: 3000 S. Winchester Blvd
APPLICANT: Mr. Stephen Cloud
DATE: April 12, 2005.
Findings for approval of a Sign Exception (PLN2004-1331 to allow a second freestanding
electronic readerboard sign on property located at 3000 S. Winchester Boulevard.
The Planning Commission finds as follows with regard to File No. PLN2004-133:
1. The use for which the sign is to be erected is not adequately identified with the existing
signage.
2. The site is unusually difficult to locate in comparison to similar uses without exceeding
the sign standards.
3. The proposed sign is architecturally compatible with the building in terms of color, style
and design and would be constructed of high quality durable materials.
4. The proposed freestanding sign would be in addition to an existing freestanding sign on
the property.
5. The recommended conditions of approval include a condition that the electronic
readerboard sign not change text and/or images more than once per 24 hours, reducing
the potential for the creation of an unsafe traffic hazard through driver distraction at the
uncontrolled railroad crossing.
6. The sign would be 14 feet tall and 50 square feet in sign area.
7. The sign height, of 14 feet, and the sign area, of 50 square feet, comply with the
maximum size limitations of the sign ordinance.
8. The sign would serve as the major tenant sign and is an appropriate size in comparison to
the size of the property and improvements.
9. The project, as conditioned, will result in a more attractive facility through the addition of
landscaping, revised paint scheme, screened mechanical equipment, removal of razor
wire, abandoned vehicles and existing non-conforming and non-permitted signage.
10. The project qualifies as Categorically Exempt project under Section 15311, Class 11 of
the California Environmental Quality Act (CEQA), pertaining to the construction of new
on-premise signs.
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.
Findings for Approval -Manning Commission Meeting of April 1,1005
PLN2004-133 - 3000 S. Winchester Blvd. Page 2 of 2
2. 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.
3. The proposed signs will promote the economic viability of the City by providing
adequate identification and visibility of the business, and will also best serve the public
welfare and be in keeping with the principles and purposes of the City's Sign Ordinance.
4. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment.
5. 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. PLN2004-133
SITE ADDRESS: 3000 S. Winchester Blvd.
APPLICANT: Mr. Stephen Cloud
DATE: April 12, 2005.
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
Planning Division:
1. Approved Plans: Approval is granted for a Sign Exception (PLN2004-133) to allow a second
freestanding electronic readerboard sign located at 3000 S. Winchester Boulevard. The sign
design and location submitted for building permits shall substantially conform to the project
plans stamped as received by the Planning Division on December 8, 2004.
2. Development Approval Expiration: The Sign Exception approval shall be valid for one year
from the date of final approval. Within this one-year period a building permit must be issued
or the Sign Exception shall expire and be deemed void without further notification by the
City.
3. Sign Maintenance: The sign shall be maintained in good condition at all times and. shall be
repaired as necessary.
4. Changeable Text/Images: The electronic readerboard portion of the sign shall be utilized in
a manner that does not violate the applicable provision of the zoning code that states that
signs shall not move, rotate, or be animated by flashing or traveling lights. The background
color of the electronic readerboard portion of the sign shall be red or black and the text
and/or images shall be red or black as shown on the approved plans.
5. Frequency of Changing Text/Images: The text and/or image of the electronic readerboard
portion of the sign shall change no more than once per 24 hours.
6. Property Improvements: Prior to issuance of a building permit for the freestanding sign, a
plan shall be submitted for review and approval by the Community Development Director
Conditions of Approval for rile No. PLN2004-133 Attachment #3
3000 S. Winchester Blvd. Page 2 of 2
that specifies and details the following property improvements:
a. Remove all non-permitted signage on the property;
b. Remove all non-conforming signage such as the roof sign, wall mounted and fascia
signage;
c. Remove razor wire from existing fenced area;
d. Provide roof screening of the existing mechanical equipment on the roof;
e. Provide additional landscaping to improve the appearance of the parking lot;
f. Remove all abandoned vehicles from car repair areas; and
g. Paint the most northerly building a uniform color scheme.
The improvements shall be completed and accepted as complete by the Community
Development Director prior to final permit sign off and electricity release on the electronic
readerboard sign.
Building Division:
7. Permits Required: A building permit application shall be required for the proposed sign.
The building permit shall include ElectricaUPlumbing/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.
OF ` ~~A
ti~~ . d`
u r
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City of Campbell
MEMORANDUM
Date: December 14, 2004
To: Planning Commission
From: Geoff I. Bradley, Senior Planner~~j, l~
1(!/'
Subject: 3000 S. Winchester Blvd. - RV Cloud -Planning Commission Study Session
BACKGROUND
The Campbell Municipal Code does not allow for reader board signs unless approved by the
Planning Commission. The applicant has applied for a readerboard sign for RV Cloud at 3000 S.
Winchester Boulevard. The property is zoned Light Industrial (M-1). RV Cloud sells a wide variety
of plumbing and irrigation products at this location since 1962.
The proposed sign is 14 feet tall and has a display area of 45 square feet per side. The main area of
the sign is devoted to a four foot by 10 foot "electronic message center" for a total of 80 square feet
of electronic readerboard area... The sign -would sit in a raised brick planter bed and would be
visible to north and south bound traffic on Winchester Boulevard.
As the Planning Commission has not considered an electronic readerboard sign before, staff sought
a Study Session to provide background and direction prior to a public hearing.
ANALYSIS
There are currently only a handful of readerboard signs in the community. Of those, there is only
one electronic readerboard sign, located at the Campbell Community Center. The signs are as
follows:
Heritage Theatre sign -single sided electronic readerboard sign at the corner of Campbell Avenue
and Winchester Boulevard. This sign was approved by the City Council as part of an overall sign
program for the Community Center. The sign is 11 feet tall and has a display area of 26.3 square
feet.
PruneYard sign -two readerboard signs for the Camera Cinema movie theatre. Signs are located
on Bascom Avenue and Campbell Avenue.
Campbell Plaza -large readerboard sign for the Campbell Plaza movie theatre.
American Legion sign -two sided reader board sign located on Dell Avenue.
J:~Planning Commission Communication~3000 Winchester Blvd. - RV Cloud - PC Study Session.doc
R~' Cloud Readerboard Sign -Planning Commission Study Session
December 14, 2004
Page 2
Campbell Schools -most of the public elementary and middle schools in Campbell have
readerboard signs. These signs are exempt to the City's sign code because of the locations on State-
owned property.
The Campbell Municipal Code (CMC) regulates the placement of signs on private property. The
following portions of the sign code are relevant to readerboard signs:
CMC 21.30.020 - A Readerboard Sign is defined by the sign code as "a sign intended for a
periodically changing advertising message."
CMC 21.30.030-C.3 - Readerboard signs shall be reviewed and decided upon by the Planning
Commission.
CMC 21.30.050-B -Animated, moving, flashing signs. Signs shall not move, rotate, or be animated
by flashing or traveling lights, with the exception of time and temperature displays.
CMC 21.30.080-A.9 -The sign code stipulates that "readerboard signs in association with a theatre
or commercial use, including electronic changeable copy signs that do not have blinking or running
lights."
The existing readerboard signs in the community serve to communicate with the public through
changeable text about upcoming events and movies. The venues are all public gathering places (live
theatre, movie theatres, schools and social service club). The use of readerboard signs by retail
establishments would potentially have a significant impact on the image of the city as viewed by the
public and would set a precedent for readerboard sign approvals throughout the city.
Staff analyzes readerboard signs by the following guidelines:
• Public gathering place -this includes theatres, movie theatres, churches, schools
• Changing calendar of events -limited to those venues that have a constantly changing series
of public events, shows, entertainment options, fund raisers.
• Size - readerboard signs should be used for larger venues only; i.e. over 100 person seating
capacity.
CONCLUSION
Staff recommends that the Planning Commission encourages the applicant to pursue non-
readerboard signage options.
As Phase 2 of the Zoning Code Update, staff would propose bringing additional refinements to the
portion of the sign code that addresses readerboards. These changes could provide greater clarity
and intent to the sign code as it pertains to readerboard signs. Staff would recommend that the use of
readerboard signs be limited to theatre uses and other public gathering places.
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