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Sign - Hotel - 2009CITY of CAMPBELL City Clerk's Office July 23, 2009 Mr. Brian Spencer Development Manager Development Management Group, LLC 5054 Dorsey Hall Drive, Suite 204 Ellicott City, MD 21042 Dear Mr. Spencer: At its regular meeting of July 21, 2009, the Campbell City Council held a public hearing to consider your application, on behalf of Huntington Hotel Group, for a Sign Application (PLN 2009-51) 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. After due consideration, the City Council adopted Resolution 11062, incorporating Findings and approving a Sign Application 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 PD (Planned Development) Zoning District, subject to Conditions of Approval. A certified copy of Resolution 11062 is attached. Please be advised 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. Please do not hesitate to contact this office (866-2117) or Tim Haley, Community Development Department (866-2140), should you have any questions regarding the City Council's action. Sincerely, Anne Bybee City Clerk enc. cc: Tim Haley, Community Development Department RESOLUTION NO. llo6a 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: 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, 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. ,.~~ ;. . .._, ~ _~. ~ ,, , a .. t~7Y t~rtr w. 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 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. 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 1. 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