CC Resolution 10503
RESOLUTION NO.
10503
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION ACTION TO DENY THE INSTALLATION OF A
14-FOOT HIGH ELECTRONIC READER BOARD SIGN ON PROPERTY
OWNED BY MR STEPHEN CLOUD ET AL LOCATED AT 3000 S.
WINCHESTER BOULEVARD IN AN M-1-S (LIGHT INDUSTRIAL)
ZONING DISTRICT. APPLICATION OF MR STEPHEN CLOUD, ON
BEHALF OF RV. CLOUD CO.' FILE NO.: PLN2004-133.
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 PLN2004-133:
1. The subject parcel is set back behind a railway right-of-way.
2. The proposed sign is architecturally compatible with the building in terms of color, style and
design and would be constructed of high quality durable materials.
3. The proposed freestanding sign would result in one freestanding sign on the property due to
the removal of the existing freestanding "Just Tires/South Bay Auto Center" sign.
4. Non-conforming signs on the property include fascia signage, one roof-mounted sign, and
three wall signs, where one is allowed. Conditions of approval require these signs to be
removed with the exception of one wall sign.
5. The recommended conditions of approval include a condition that the electronic reader board
sign not change text and/or images more than once per 24 hours, reducing the potential for
the creation of an unsafe traffic hazard through driver distraction at the uncontrolled railroad
croSSIng.
6. The sign would be 14 feet tall and 50 square feet in sign area.
7. The sign height, of 14 feet, and the sign area, of 50 square feet, complies with the maximum
size limitations of the sign ordinance.
8. The sign would serve as the major tenant sign and is an appropriate size in comparison to the
size of the property and improvements.
9. The project, as conditioned, will result in a more attractive facility through the addition of
landscaping, revised paint scheme, screened mechanical equipment, removal of razor wire,
abandoned vehicles and existing non-conforming and non-permitted signage.
City Council Resolution
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R. V. Cloud
Page 2
10. . The project qualifies as Categorically Exempt project under Section 15311, Class 11 of the
California Environmental Quality Act (CEQA), pertaining to the construction of new on-
premIse SIgnS.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The use for which the sign is to be erected is not adequately identified with the existing
signage.
2. The site is unusually difficult to locate in comparison to similar uses without exceeding the
sign standards.
3. 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.
4. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project
NOW, THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns
the Planning Commission's action to deny the installation of a 14-foot high electronic reader
board sign on property owned by Mr. Stephen Cloud et al located at 3000 S. Winchester
Boulevard in an M-I-S (Light Industrial) Zoning District, subject to the following conditions:
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
Plannin2 Division:
1. Approved Plans: Approval is granted for a Sign Exception (PLN2004-133) to allow a
freestanding electronic reader board sign located at 3000 S. Winchester Boulevard. The
sign design and location submitted for building permits shall substantially conform to the
project plans stamped as received by the Planning Division on December 8, 2004.
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 Council Resolution
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
R. V. Cloud
Page 3
City.
3. Sign Maintenance: The sign shall be maintained in good condition at all times and shall be
repaired as necessary.
4. Changeable Text/Images: The electronic reader board portion of the sign shall be utilized in
a manner that does not violate the applicable provision of the zoning code that states that
signs shall not move, rotate, or be animated by flashing or traveling lights. The background
color of the electronic reader board portion of the sign shall be red or black and the text
and/or images shall be red or black as shown on the approved plans.
5. Frequency of Changing Text/Images: The text and/or image of the electronic reader board
portion of the sign shall change no more than once per 24 hours.
6. Property Improvements: Prior to issuance of a building permit for the freestanding sign, a
plan shall be submitted for review and approval by the Community Development Director
that specifies and details the following property improvements:
a. Remove all non-permitted signage on the property;
b. Remove all non-conforming sign age such as the roof sign, wall mounted and fascia
signage;
c. Remove razor wire from existing fenced area;
d. Provide roof screening of the existing mechanical equipment on the roof;
e. Provide additional landscaping to improve the appearance of the parking lot;
f. Remove all abandoned vehicles from car repair areas; and
g. Paint the most northerly building a uniform color scheme.
The improvements shall be completed and accepted as complete by the Community
Development Director prior to final permit sign off and electricity release on the electronic
reader board sign. .
7. Indemnity Agreement: The applicant shall execute an indemnity agreement providing the
City with full Type I indemnity and defense against any actions for death, personal injury or
property damage arising out of the proposed sign or the railroad right-of-way, in a form
acceptable to the City Attorney.
8. Liability Release: The applicant shall execute a release that releases the City from any
liability arising out of the proposed sign or the railroad right-of-way, including claims
for indemnity, in a form acceptable to the City Attorney.
City Council Resolution
PLN2004-133 -- 3000 S. Winchester Boulevard
Granting an Appeal & Overturning Planning Commission Denial of a Sign Exception
RV. Cloud
Page 4
9. Removal of Existing Freestanding Sign: The existing freestanding "Just Tires/South Bay
Auto Center" sign shall be removed prior to issuance of a building permit for the new
electronic reader board sign.
Buildin2 Division:
10. Permits Required: A building permit application shall be required for the proposed sign.
The building permit shall include ElectricallPlumbinglMechanical 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 17th
vote:
day of
May
, 2005, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Hernandez, Furtado
Watson, Kennedy
None
Non
ATIEST: æ~
Anne Bybee, City Clerk.
J-~I~L,h-
ane P. Kennedy, Mayor