Mod to Admin PD & Sign Exception - 2008MEMORANDUM
To: Steve Prosser
Assistant Planner, Comm. Develop. Dept.
From: Jan ~Iemsley
:Deputy City Clerk
Date: 1 S~tember 19, 2008
Subject: Appeal of Planning Commission decision denying the application of Ms.
Franceska Gleason, on behalf of Edwin Bruce Associates, for a Sign
Exception Permit (PLN 2008-119) to allow two wall signs and one
freestanding sign where only one wall sign and one freestanding sign
would be allowed in conjunction with a proposed restaurant (KFC/Long
John Silvers) on property owned by Harmon Management Corporation
located at 1805 Winchester Boulevard in a P-D Zoning District
At the regular meeting of September 16, 2008, the City Council held a public hearing
to consider an Appeal of a Planning Commission decision denying the application of
Ms. Franceska Gleason, on behalf of Edwin Bruce Associates, for a Sign Exception
Permit (PLN 2008-119) to allow two wall signs and one freestanding sign where only
one wall sign and one freestanding sign would be allowed in conjunction with a
proposed restaurant (KFC/Long John Silvers) on property owned by Harmon
Management Corporation, located at 1805 Winchester Boulevard in a Planned
Development Zoning District.
Following City Council discussion and hearing public testimony, the City Council
adopted Resolution 10956 granting the appeal and overturning the Planning
Commission action denying a sign exception (PLN 2008-119) for two wall signs and
one freestanding sign for an existing commercial building (KFC and Long John Silvers)
on property owned by Harman Management Corporation located at 1805 Winchester
Boulevard in a Planned Development Zoning District. This Resolution was adopted by
a 4-1-0 vote, with Councilmember Furtado voting no.
Please find certified copy of this Resolution attached for your records, together with a
copy of the letter written to the appellant in follow-up to the City Council's action.
Attachment:
RESOLUTION NO. 10956
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION
ACTION DENYING A SIGN EXCEPTION (PLN2008-119) FOR TWO WALL
SIGNS AND ONE FREESTANDING SIGN FOR AN EXISTING COMMERCIAL
BUILDING (KFC AND LONG JOHN SILVERS) ON PROPERTY OWNED BY
HARMAN MANAGEMENT CORPORATION LOCATED AT 1805 WINCHESTER
BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONIG DISTRICT.
APPLICATION OF MS. FRANCESKA GLEASON, ON BEHALF OF EDWIN
BRUCE ASSOCIATES. FILE NO: PLN2008-119.
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 PLN2008-119.
1. The signs otherwise allowed by this chapter would not be visible to the public due to
issues of distance or obstructions that are beyond the control of the owner of the site
on which the signs are or would be located.
2. The signs could not be made visible and intelligible to a person of normal sight by
allowing an increase in the area or height signs pursuant to subsection (C)(4),
(Increased sign area or increase sign height) of the Sign Ordinance.
3. The additional signs comply with all of the requirements of the Sign Ordinance,
except for the limitations on the number of signs.
4. The number of signs allowed pursuant to the Sign Exception shall not exceed the
minimum number of signs necessary to make the signs visible to the public due to
issues of distance or obstructions that are beyond the control of the owner of the site
on which the signs are or would be located, which could not be accomplished by the
number of signs otherwise allowed by the Sign Ordinance.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed signs are consistent with the purposes of the Sign Ordinance by
preserving and improving the visual character of the community.
2. The use for which the signs are to be erected would not be adequately identified
without exceeding the standards of the Sign Ordinance.
3. The proposed signs will not be detrimental to the public welfare or persons in the
neighborhood or the City as a whole and allows for reasonable business
identification.
City Council Resolution
PLN2008-119 - 1805 Winchester Boulevard
Granting an Appeal and Overturning Planning Commission Denial of a Sign Exception
Page 2
THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns
the Planning Commission action to deny a Sign Exception (PLN2008-119) for two wall
signs and a freestanding sign for an existing commercial building (KFC and Long John
Silvers) on property owned by Harman Management Corporation located at 1805
Winchester Boulevard in a P-D (Planned Development) Zoning District.
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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions
of Approval. Until said Conditions are signed, the proposed Use Permit shall not be
valid for any permits sought from the City.
2. Approved Project: Approval is granted for an exception to the sign regulations to
allow two walls signs on the east building elevation and one freestanding sign
located at 1805 Winchester Boulevard. The signs shall substantially conform to the
revised project plans received by the Planning Division on July 31, 2008, except as
modified by the following:
a. No more than two walls and one freestanding sign shall be allowed with a total
sign area of 92 sq. ft.
b. The freestanding sign shall include a cornice trim architecturally compatible with
the proposed building facade and shall have a sign area no greater than 48 sq. ft.
Building Division:
3. Permits Required: A building permit application shall be required for the proposed
signs. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit. Prior to performing any work, the applicant shall
make application to, and receive from, the Building Division, all applicable
construction permits.
City Council Resolution
PLN2008-119 - 1805 Winchester Boulevard
Granting an Appeal and Overturning Planning Commission Denial of a Sign Exception
Page 3
PASSED AND ADOPTED this 16th day Of September , 2008, by the following
roll call vote:
AYES: COUNCILMEMBERS: xennedy, Low, xernandez, surr
NOES: COUNCILMEMBERS: Furtado
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVE^' r+-
Donald R. Burr, Mayor
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CITY of CAMPBELL
City Clerk's Office
September 22, 2008
Ms. Franceska Gleason, AIA
Associate Architect
Edwin Bruce Associates
1625 The Alameda, Suite 610
San Jose, CA 95126
Dear Ms. Gleason:
At the regular meeting of September 16, 2008, the City Council held a public hearing to
consider your appeal, on behalf of Edwin Bruce Associates, of a Planning Commission
decision to deny a Sign Exception Permit (PLN 2008-119) to allow two wall signs and one
freestanding sign where only one wall sign and one freestanding sign would be allowed in
conjunction with a proposed restaurant (KFC/Long John Silvers) on property owned by
Harmon Management Corporation, located at 1805 Winchester Boulevard in a Planned
Development Zoning District.
Following City Council discussion and hearing public testimony, the City Council adopted
Resolution 10956 granting the appeal and overturning the Planning Commission action
denying a sign exception (PLN 2008-119) for two wall signs and one freestanding sign for an
existing commercial building (KFC/Long John Silvers) on property owned by Harmon
Management Corporation located at 1805 Winchester Boulevard in a Planned Development
Zoning District, incorporating Findings and subject to the Conditions of Approval. Please
note that this Resolution was adopted by a 4-1-0 vote, with Councilmember Furtado voting no.
Continued ...
70 North First Street Campbell, California 95008-1436 Tee 408.866.21 17 Fnx 408.374.6889 T~r~ 408.866.2790
Page 2 -Appeal/1805 Winchester Boulevard
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Steve Prosser, Assistant Planner, Community Development
Department.
Sincerely,
ri, `~:,i ~`~'~(
'Janette Hemsley
Deputy City Clerk
Enc.
cc. Jeremy Dimick, Harman Management Group, 199 First Street, Ste. 212, Los Altos 94022
Steve Prosser, Assistant Planner
RESOLUTION NO. 10956
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION
ACTION DENYING A SIGN EXCEPTION (PLN2008-119) FOR TWO WALL
SIGNS AND ONE FREESTANDING SIGN FOR AN EXISTING COMMERCIAL
BUILDING (KFC AND LONG JOHN SILVERS) ON PROPERTY OWNED BY
HARMAN MANAGEMENT CORPORATION LOCATED AT 1805 WINCHESTER
BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONIG DISTRICT.
APPLICATION OF MS. FRANCESKA GLEASON, ON BEHALF OF EDWIN
BRUCE ASSOCIATES. FILE NO: PLN2008-119.
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 PLN2008-119.
1. The signs otherwise allowed by this chapter would not be visible to the public due to
issues of distance or obstructions that are beyond the control of the owner of the site
on which the signs are or would be located.
2. The signs could not be made visible and intelligible to a person of normal sight by
allowing an increase in the area or height signs pursuant to subsection (C)(4),
(Increased sign area or increase sign height) of the Sign Ordinance.
3. The additional signs comply with all of the requirements of the Sign Ordinance,
except for the limitations on the number of signs.
4. The number of signs allowed pursuant to the Sign Exception shall not exceed the
minimum number of signs necessary to make the signs visible to the public due to
issues of distance or obstructions that are beyond the control of the owner of the site
on which the signs are or would be located, which could not be accomplished by the
number of signs otherwise allowed by the Sign Ordinance.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
The proposed signs are consistent with the purposes of the Sign Ordinance by
preserving and improving the visual character of the community.
2. The use for which the signs arP to be erected would not be adequately identified
without exceeding the standards of the Sign Ordinance.
3. The proposed signs will not be detrimental to the public welfare or persons in the
neighborhood or the City as a whole and allows for reasonable business
identification.
City Council Resolution
PLN2008-119 - 1805 Winchester Boulevard
Granting an Appeal and Overturning Planning Commission Denial of a Sign Exception
Page 2
THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns
the Planning Commission action to deny a Sign Exception (PLN2008-119) for two wall
signs and a freestanding sign for an existing commercial building (KFC and Long John
Silvers) on property owned by Harman Management Corporation located at 1805
Winchester Boulevard in a P-D (Planned Development) Zoning District.
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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions
of Approval. Until said Conditions are signed, the proposed Use Permit shall not be
valid for any permits sought from the City.
2. Approved Project: Approval is granted for an exception to the sign regulations to
allow two walls signs on the east building elevation and one freestanding sign
located at 1805 Winchester Boulevard. The signs shall substantially conform to the
revised project plans received by the Planning Division on July 31, 2008, except as
modified by the following:
a. No more than two walls and one freestanding sign shall be allowed with a total
sign area of 92 sq. ft.
b. The freestanding sign shall include a cornice trim architecturally compatible with
the proposed building facade and shall have a sign area no greater than 48 sq. ft.
Building Division:
3. Permits Required: A building permit application shall be required for the proposed
signs. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit. Prior to performing any work, the applicant shall
make applicaticra to, and receive from, the Building Division, all applicable
construction permits.
City Council Resolution
PLN2008-119 - 1805 Winchester Boulevard
Granting an Appeal and Overturning Planning Commission Denial of a Sign Exception
Page 3
PASSED AND ADOPTED this 16th day of September , 2008, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Kennedy, Low, Hernandez, Burr
Furtado
None
None
APPROV
Donald R. Burr, Mayor
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