CC Resolution 12518i
RESOLUTION NO. 12518
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING A SIGN PERMIT (PLN2017-119) TO ALLOW
A GREATER NUMBER OF SIGNS AND AN INCREASED SIGN
AREA TO PERMIT INSTALLATION OF NEW DIRECTIONAL,
INFORMATIONAL/MENU, "RUNNING NEON," AND BUILDING WALL
SIGNS, FOR PROPERTY LOCATED AT 499 E. HAMILTON
AVENUE. FILE NO.: PLN2017-119
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to File Number PLN2017-119:
Environmental Findinq
1. An Environmental Impact Report (EIR) was prepared for the Proposed Project in
accordance with the California Environmental Quality (CEQA) and considered by the
Planning Commission and City Council. However, absent an affirmative decision on the
Proposed Project, the EIR need not be certified since the City Council's action to deny
is Statutorily Exempt pursuant to California Public Resource Code Section 21080(b)(5).
Evidentiary Findings
The Project site is a 1 '/4 acre parcel located at the northwest corner of East Hamilton
Avenue and Almarida Drive, approximately 350 feet west of the Southbound Highway 17
off -ramp and '/3 mile from the Hamilton Light Rail Station.
2. The Project Site is within the C-2 (General Commercial) Zoning District as shown on the
City of Campbell Zoning Map.
3. The Project Site is designated General Commercial as shown on the General Plan Land
Use Diagram.
4. The Proposed Project is an application for a Conditional Use Permit with Site and
Architectural Review (PLN2017-117) to allow construction of a 3,812 square -foot 97-seat
fast-food restaurant with a 28-vehicle double drive -through lane with outdoor activities
(drive -up window), a 48-seat outdoor dining area, late -night hours, and associated site,
lighting, parking, refuse collection, and landscaping improvements, including a Minor
Alteration to the Hamilton Avenue Streetscape Standards and an adjustment to the
landscape requirements, and an increase to the allowable fence height; a Tree Removal
Permit (PLN2017-118) to allow removal of protected on -site trees; a Sign Permit
(PLN2017-119) to allow a greater number of signs and an increased sign area to permit
installation of new directional, informational/menu, "running neon," and building wall
signs; and certification of a Final Environmental Impact Report (FEIR) (PLN2017-120).
5. By separate action, the City Council has denied the Conditional Use Permit with Site and
Architectural Review (PLN2017-117) element of the Proposed Project for construction of
the fast-food restaurant. Without construction of the new building, the application for a
City Council Resolution 12518
499 E. Hamilton Avenue — In-N-Out Burger
Denial Sign Permit (PLN2017-119)
Page 2 of 2
Sign Permit is an inoperative entitlement request as the existing property improvements
will be maintained.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Increased Sign Area Findings (CMC Sec. 21.30.030.C.4):
1. The signs otherwise allowed by this chapter would be visible to the public as there are
no 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.
Additional Siqns Findings (CMC Sec. 21.30.030.C.5):
2. The signs otherwise allowed by this chapter would be visible to the public as there are
no 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;
THEREFORE, BE IT RESOLVED that the City Council denies a Sign Permit (PLN2017-
119) to allow a greater number of signs and an increased sign area to permit installation of
new directional, informational/menu, "running neon," and building wall signs, for property
located at 499 E. Hamilton Avenue.
PASSED AND ADOPTED this 5th day of November, 2019, by the following roll call vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
ABSTAIN:
COUNCILMEMBERS
Bybee, Gibbons, Landry
Resnikoff,
None
None
APPROVED:
ATTEST:
Wendy6ojood, City Clerk