Zoning Letter - 2010Community Development Department
April 12, 2010
Christie Martin
Commercial Due Diligence Services
1700 S. Broadway, Bld. E
Moore, OK 73160
Re: File No: PLN2010-64
Address: 655 Creekside Way
Application: Zoning Certification
Dear Ms. Martin,
Please find the enclosed documents as requested. I have included the provided template printed
on City letterhead. Additionally, I have included City approval documents (with conditions of
approval) for this project as well as an approved copy of the Project Site Plan. Please note that
certificates of occupancy can be obtained from the Building Division (408-866-2130).
Should you have any questions, please do not hesitate to contact me at (408) 866-2193 or by
email at danielf(a~cityofcampbell.com.
Sincerely,
Daniel Fama
Assistant Planner
cc: Paul Kermoyan, Planning Manager
Laserfiche System
encl: Completed Zoning Compliance form
Approved Site Plan (with project plans top sheet)
City Council Ordinance No.: 2086
City Council Resolution No.: 10789
City Council Resolution No.: 11062
ORDINANCE NO. 2086
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A PLANNED DEVELOPMENT
PERMIT (PLN2006-179) FOR A SEVEN-STORY, 162-ROOM
HOTEL ON PROPERTY OWNED BY CAMPBELL CREEKSIDE,
LLC, LOCATED AT 649-655 CREEKSIDE WAY IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MR. JEFF WARMOTH. FILE NO: PLN2006-179.
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 PLN2006-179:
SECTION ONE: That this Ordinance be adopted to approve a Planned
Development Permit (PLN2006-179) for aseven-story, 162-room hotel with the
attached conditions of approval (attached Exhibit A).
SECTION TWO: This Ordinance shall become effective thirty (30) days following
its passage and adoption and shall be published, one time within fifteen (15)
days upon passage and adoption in the Campbell Express, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 7th day of August 2007, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Kennedy, Hernandez, Low, Burr, Furtado
None
None
None
APPROVED:
Daniel E. Furtado, Mayor
ATTEST
A ne Bybee, City Clerk
RESOLUTION NO. io~a9
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A SIGN EXCEPTION (PLN2007-78) TO
ALLOW FOR TWO FREEWAY-ORIENTED WALL SIGNS WHERE
ONE IS PERMITTED ON PROPERTY OWNED BY CAMPBELL
CREEKSIDE, LLC, LOCATED AT 649-655 CREEKSIDE WAY IN A P-
D (PLANNED DEVELOPMENT) ZONIG DISTRICT. APPLICATION
OF MR. JEFF WARMOTH, ON BEHALF OF CAMPBELL
CREEKSIDE, LLC. FILE NO: PLN2007-78.
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 PLN2007-78.
1. The applicant has demonstrated that the business operation is dependent upon
freeway identification and that denial of said identification would cause an undue
hardship.
2. The proposed wall signs identify the on site business.
3. The proposed project is a hotel use that traditionally draws a significant number of
patrons that use regional freeways and may be unfamiliar with the area or location.
4. The project site and use is better identified by wall signs than a freestanding
monument sign.
5. The applicant has demonstrated that the signs are similar to other similarly situated
businesses in the area such as Campbell Inn and Larkspur Landing.
6. The proposed signs, as conditioned, are architecturally compatible with the building
in terms of color, style and design and would be constructed of high quality durable
materials.
7. The proposed freeway-oriented signs would best serve the public welfare and are
necessary to provide adequate visibility from Highway 17.
8. The proposed sign height and area is the minimum height and sign area necessary
to achieve visibility from the freeway. The sign heights of 78 and 82 feet, and sign
area of 82 square feet are reasonable for a development this size. The proposed
sign heights exceeds the maximum height limitation of 45 feet by 33 and 37 feet best
serve the public welfare and would be in keeping with the purposes of this Sign
Ordinance.
City Council Resolution
PLN2007-78 - 649-655 Creekside Avenue -Sign Exception for Freeway-Oriented Signs
Page 2
9. The signs otherwise allowed by the Sign Ordinance would not be visible to the
traveling public due to the obstructed views by the East Hamilton Avenue overpass
and the elevated VTA Light Rail Station.
10. The number of freeway-oriented signs (two) is appropriate and necessary to ensure
sufficient visibility from Highway 17 from both travel directions.
11. The signs would serve as the main element of identification for the proposed hotel
and is an appropriate height relative to the height of the structure.
Based on the foregoing findings of fact, the City Council 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 proposed signs 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. The proposed freeway-oriented signs are limited to the identification of the on-site
businesses.
5. The signs otherwise allowed in the Sign Code 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.
6. The signs are not being increased in height more than is necessary to allow the
signs to be visible and intelligible to a person of normal sight.
7. The signs could not be made visible and intelligible to a person of normal sight by
allowing an increase in the height of the sign only.
8. The number of signs allowed pursuant to this provision shall not exceed the
minimum number of signs to make the signs visible to the public.
City Council Resolution
PLN2007-78 - 649-655 Creekside Avenue -Sign Exception for Freeway-Oriented Signs
Page 3
9. 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.
10.There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the City Council grants a Sign Exception
(PLN2007-78) to allow for two freeway-oriented wall signs where one is permitted on
property owned by Campbell Creekside, LLC, located at 649-655 Creekside Way 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. Approved Plans: Approval is granted for a Sign Exception (PLN2007-078) to allow
two wall mounted freeway-oriented signs located at 649-655 Creekside Way with
heights exceeding 45 feet, and an area not to exceed 350 square feet each sign.
The sign location submitted for building permits shall substantially conform to the
project plans stamped as received by the Planning Division in April 1, 2007.
2. Development Approval Expiration: The Sign Exception approval shall be valid for
three years from the date of final approval. Within this three-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. Revised Plan: The applicant shall submit revised elevation plans, subject to approval
by the Community Development Director, showing signs in an architecturally
compatible design, utilizing channel lettering, with signage areas less than or equal
to 350 square feet.
4. Sign Maintenance: The sign shall be maintained in good condition at all times and
shall be repaired or replaced as necessary.
City Council Resolution
PLN2007-78 - 649-655 Creekside Avenue -Sign Exception for Freeway-Oriented Signs
Page 4
Building Division:
5. 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.
PASSED AND ADOPTED this i~th day of 7u1~ _, 2007, by the
following roll call vote:
AYES: COUNCILMEMBERS: xennedy, xernandez, Low, surr, Furtado
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Daniel E. Furtado, Ma r
ATTEST:
Anne Bybee, City Clerk
RESOLUTION NO. lio6a
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A SIGN APPLICATION (PLN2009-51)
FOR TWO (2) BUILDING-MOUNTED FREEWAY-ORIENTED SIGNS
FOR THE COURTYARD MARRIOTT HOTEL ON PROPERTY
OWNED BY HHG DEVELOPMENT, LP, LOCATED AT 655
CREEKSIDE WAY IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. BRIAN SPENCER, ON BEHALF
OF HUNTINGTON HOTEL GROUP, LP. FILE NO.: PLN2009-51.
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 PLN2009-51:
The applicant has demonstrated that the business operation is dependent upon
freeway identification and that denial of said identification would cause an undue
hardship.
2. The proposed wall signs identify the on site business.
3. The proposed project is a hotel use that traditionally draws a significant number of
patrons that use regional freeways and may be unfamiliar with the area or location.
4. The project site and use is better identified by wall signs than a freestanding monument
sign.
5. The applicant has demonstrated that the signs are similar to other similarly situated
businesses in the area such as Campbell Inn, Pruneyard Inn and Larkspur Landing.
6. The proposed signs, as conditioned, are architecturally compatible with the building in
terms of color, style and design and would be constructed of high quality durable
materials.
7. The proposed freeway-oriented signs would best serve the public welfare and are
necessary to provide adequate visibility from Highway 17.
8. The proposed sign height and area is the minimum height and sign area necessary to
achieve visibility from the freeway. The sign heights of 80 feet and sign areas of 122
and 82 square feet are reasonable for a development of this size. The proposed sign
heights, which exceed the maximum height limitation of 45 feet, best serve the public
welfare and would be in keeping with the purposes of this Sign Ordinance.
City Council Resolution
PLN2009-51 - 655 Creekside Way -Freeway Oriented Signs -Courtyard Marriott Hotel
Page 2
9. The signs otherwise allowed by the Sign Ordinance would not be visible to the traveling
public due to the obstructed views by the East Hamilton Avenue overpass and the
elevated VTA Light Rail Station.
10. The number of freeway-oriented signs (two) is appropriate and necessary to ensure
sufficient visibility from Highway 17 from both travel directions.
11. The signs would serve as the main element of identification for the proposed hotel and
is an appropriate height relative to the height of the structure.
Based on the foregoing findings of fact, the City Council 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 proposed signs 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. The proposed freeway-oriented signs are limited to the identification of the on-site
businesses.
5. The signs otherwise allowed in the Sign Code 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.
6. The signs are not being increased in height mare than is necessary to allow the signs to
be visible and intelligible to a person of normal sight.
7. The signs could not be made visible and intelligible to a person of normal sight by
allowing an increase in the height of the sign only.
8. The number of signs allowed pursuant to this provision shall not exceed the minimum
number of signs to make the signs visible to the public.
9. 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.
City Council Resolution
PLN2009-51 - 655 Creekside Way -Freeway Oriented Signs -Courtyard Marriott Hotel
Page 3
10. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the City Council approves a Sign Application
(PLN2009-51) to allow two (2) building-mounted freeway-oriented signs for the Courtyard
Marriott Hotel on property owned by HHG Development, LP, located at 655 Creekside
Way 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
Approved Plans: Approval is granted for a sign application PLN2009-51 to allow two
wall-mounted freeway-oriented signs located at 655 Creekside Way with heights
exceeding 45 feet and sign area not to exceed 82 square feet on the north elevation
and 125 square feet on the south elevation. The sign location submitted for building
permits shall substantially conform to the project plans dated as received by the
Planning Division on June 8, 2009.
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 signs shall be maintained in good condition at all times and
shall be repaired or replaced as necessary.
4. Building Permits Required: The applicant shall obtain all necessary building and/or
electrical permits from the Building Division prior to the installation of any new signs.
City Council Resolution
PLN2009-51 - 655 Creekside Way -Freeway Oriented Signs -Courtyard Marriott Hotel
Page 4
PASSED AND ADOPTED this 21St day of July, 2009, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Kotowski, Furtado, Baker, Low, Kennedy
None
None
None
APPROVED:
ATTEST:
Anne Bybee, City Clerk