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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