Correspondence - August 2010August 13, 210 Community Development Department
John Trollman
DINAN Engineering
980 Camden Avenue
Campbell, CA 95008
Re: Sign Ordinance Variance Request
Dear Mr. Trollman:
I am in receipt of your August 9, 2010 letter requesting a variance to the City's Sign
Ordinance in order to allow afreeway-oriented sign on property located at 980 Camden
Avenue.
The Freeway Oriented Sign Ordinance was adopted with restrictive language to
intentionally limit the number and size of signs that would be visible from the
Expressway and Freeway which dissect the community. According to CMC § 21.30.080
E (Freeway-oriented signs), these signs are limited to businesses that traditionally draw
a significant number of patrons which include a) gasoline stations, b) hotels and motels,
c) commercial schools occupying at least 15,000 square feet of building space, and d)
retail stores that occupy at least 50,000 square feet. Basically, there are only four
business types or uses that are permitted freeway-oriented signs under the City's
Municipal Code. Unfortunately, DINAN Engineering is an automotive repair business
and not among those business uses that qualify for such signage.
According to the City's Variance Ordinance (CMC § 21.48.010), a variance application
may not be accepted requesting a use that is not in conformity with the uses specified by
the Zoning Code. In other words, because automotive uses are not among the uses
permitted to have afreeway-oriented sign, you would not be allowed to apply for a
variance. The City's variance provisions are consistent with State Law (Section 65906
of the Government Code) which states "A variance shall not be granted for a parcel of
property which authorizes a use or activity which is not otherwise expressly authorized
by the zone regulation governing the parcel or property."
In conclusion, there is no current mechanism to allow for a variance from the permitted
uses eligible for freeway-oriented signs and therefore no application can be accepted for
such a request.
Sincerely
Kirk Heinrichs
Community Development Director
John Trollman
DINAN Engineering
980 Camden Avenue
Campbell, CA 95008
August 9, 2010
Kirk Heinrichs
Director of Planning
Campbell City Hall
70 N. First Street
Campbell, CA 95008
Dear Mr. Heinrichs:
RECEIVED
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I visited your office last Tuesday and talked with your Steve Prosser about an outside
sign for our DINAN Service location at 980 Camden Avenue in Campbell. Our company
acquired this business in late 2007. Post the acquisition, we have discovered that the
location is a very significant problem. Specifically, "we cannot be found!" I say that
because our customers know that Camden becomes San Tomas North of Highway 17;
but it turns out that "our little Camden", North of where it supposedly terminates, is an
isolated, dead-end cul-de-sac that terminates at our building. Generally we get at least
two cell phone calls a week from our customers, asking where we are on Camden and
asking for directions. There are no drive-by customers to our main entrance because of
the remote and cul-de-sac location.
Mr. Prosser made it clear that our request for a highway sign was against the code and
could not be allowed. (See Plan, attached.) I am writing this letter to you as the first
step in determining how this decision may be appealed and how we could be granted a
variance allowing our signage plan. Our business has genuinely been very negatively
impacted by the aforementioned isolation of "our Camden" and the only solutions we
have been able to identify are "highway signage" or relocation. Our first choice is
improved signage, in that, other than our geographic quarantine, we are quite happy as
Campbell residents.
Shortly after our acquisition of the business, in early 2008, Steve Dinan, our landlord,
and our Campbell manager made a direct appeal to the City Council about highway
signage. As a result of that meeting all three were left with the impression that we could
request a variance; but we did not follow up with a formal request for no other reason
but lack of time. This effort at this time is our formal request for a variance and approval
of our enclosed signage plan.
Please advise me as how to proceed with a more formal request for a variance. You
may reach me at the above address or at my cell phone; 408-838-8456.
Sincerely,
John H. Trollman