Loading...
Mod of Readerboard Sign - 2006Mr. Stephen Cloud R. V . Cloud Company 3000 S. Winchester Boulevard Campbell, CA 95008 Dear Mr. Cloud: At the regular meeting of January 16, 2007 the Campbell City Council took action to adopt a Resolution granting an Appeal and overturning the Planning Commission's action to approve modifications (PLN 2006-97) to a previously approved Sign Exception (PLN 2004-133) for the readerboard sign for R.V. Cloud Company located at 3000 S. Winchester Boulevard. The City Clerk's Office has recently discovered that this Resolution was inadvertently mis- numbered. The error has now been corrected. Please find enclosed certified copy of Resolution No. 10730 granting the Appeal and overturning the Planning Commission's action to approve modifications to a previously approved Sign Exception for the readerboard sign for your company. Please destroy the Resolution mailed to you on January 22, 2007 as it is no longer valid, and replace same with the enclosed Resolution No. 10730. Please accept the City Clerk's Office's apologies for any inconvenience our error might have caused you. Should you have any questions, please do you hesitate to contact our office at 866-2117. Sincerely, Anne Bybee City Clerk Attachment: cc. Robert P. Aguilar, 177 Budd Avenue, Campbell 95008 Kristen M. Powell, Logan & Powell, LLP, 255 W. Julian St., #302, San Jose 95110 Tim Haley, Associate Planner, Community Development Dept. 70 North First Street Campbell, California 9 5008-1 4 3 6 Tee 408.866.2] 17 ~ Fnx 408.374.6889 ~ nx~ 408.866.2790 10730 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION'S ACTION TO APPROVE MODIFICATIONS (PLN2006-97) TO A PREVIOUSLY APPROVED SIGN EXCEPTION (PLN2004-133) FOR THE READERBOARD SIGN FOR RV CLOUD ON PROPERTY OWNED BY STEPHEN CLOUD ET AL TRUSTEES LOCATED AT 3000 S. WINCHESTER BOULEVARD IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPEAL OF MR. STEPHEN CLOUD, ON BEHALF OF RV CLOUD. FILE NO: PLN2006-97. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to File No. PLN2006-97: 1. The project site is developed with a series of concrete block and concrete tilt-up industrial buildings that are painted off-white or beige thus complementing the sign base and arch of the readerboard sign. 2. The top portion of the sign consists of the business name "R.V. Cloud Co." with the readerboard portion located immediately underneath. The bottom portion of the sign is an open arch design incorporating the business address number. A raised brick planter bed surrounds the base of the sign. The sign is double sided and is viewed from north and south bound Winchester Boulevard traffic, as well as traffic entering and exiting the driveway on Winchester. 3. The freestanding sign would be located 73 feet south of the existing driveway which is also an uncontrolled railway crossing. 4. The sign is a freestanding sign and is located in the existing R.V. Cloud Co. parking lot adjacent to the western property line along the railroad right-of-way. It is located 73 feet south of the driveway serving R.V. Cloud Co. This driveway is the only uncontrolled train crossing within the City of Campbell. 5. Union 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. 6. The angle and location of the sign pulls the attention of the driver further off the road, increasing the potential for driver distraction. 7. The uncontrolled driveway entrance to the site creates the potential for conflicting movements between vehicles, pedestrians and trains, unlike the fully signalized intersection to which the City's Heritage Theater sign is oriented. City Council Resolution Granting an Appeal and Overturning Planning Commission Action PLN2006-97 -- 3000 S. Winchester Boulevard -- Modification to Reader Board Sign Page 2 8. Electronic readerboard signs have been associated with increased traffic accidents. 9. The factors of electronic readerboard signs bearing on driver distraction include the frequency of the display changes, depiction of motion, legibility, red, flashing, intermittent or moving lights. 10.The Heritage Theater sign exposes approximately one-third of the number of drivers to display changes as the RV Cloud sign when compared at the same rate of display changes. 11. Limiting the copy or image changes to sign face changes every 4 to 5 seconds would be approximately the same rate of change as the Heritage Theatre sign. 12. Limiting the sign copy or image to a single color on a black background will minimize the distractive characteristic of the sign. 13. The sign is 14 feet tall and 50 square feet in sign area. 14.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. 15. The sign shall have the ability to rotate or scroll the text or images across the face of the sign. Based on the foregoing findings of fact, the City Council further finds and concludes that as conditioned: 1. The proposed sign is consistent with the purposes of the Sign Ordinance. 2. The proposed sign is architecturally compatible with the buildings on the site and in the surrounding area in terms of color, style and design. 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. NOW, THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns the Planning Commission's action to modify the conditions of approval (PLN2006-97) to a previously approved Sign Exception (PLN2004-133) to revise the imposed conditions of approval for the readerboard sign on property owned by Stephen City Council Resolution Granting an Appeal and Overturning Planning Commission Action PLN2006-97 -- 3000 S. Winchester Boulevard -- Modification to Reader Board Sign Page 3 Cloud et al Trustees located at 3000 S. Winchester Boulevard in an M-1-S (Light Industrial) Zoning District, as follows: 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 Modification (PLN2006-97) to allow a freestanding readerboard sign located at 3000 S. Winchester Boulevard. The sign design and location submitted for building permits shall substantially conform to the project plans dated June 17, 2004. 2. Development Approval Expiration: The Sign Modification approval must be exercised within one year from the date of final approval, or the approval will be void. Within a one month period of approval, the operational characteristics of the sign shall be modified to comply with the following revised Condition Nos. 4 and 5 as stated below. 3. Sign Maintenance: The sign shall be maintained in good condition at all times and shall be repaired as necessary. 4. ChangeableText/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 readerboard portion of the sign may use four colors simultaneously, which includes background color. 5. Frequency of Changing Text/Images: The text and /or image of the readerboard portion of the sign shall change no more than once every 3 to 4 seconds. 6. Prior conditions of Approval: All other conditions of City Council Resolution No.10503 shall remain in effect except as changed above. City Council Resolution Granting an Appeal and Overturning Planning Commission Action PLN2006-97 -- 3000 S. Winchester Boulevard -- Modification to Reader Board Sign Page 4 PASSED AND ADOPTED this 16th day of January , 2007, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AI Low, Burr, Furtado Kennedy, xernandez None None 'PROVED: ~ ~ ~ Daniel E. Furtado, Mayor I ,~'~ 7 ATTEST:. ~-~'~__ ~~-C~--...._ Anne Bybee, City Clerk n~ tE-nr r ~c. TM~~ ~ ~ ~ ~ ~; ~~ a~K C7Ty 81~ ~ ~.~ Gl~,