CC Resolution 10730
RESOLUTION NO.
10730
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION'S ACTION TO APPROVE MODIFICATIONS
(PLN2006-97) TO A PREVIOUSLY APPROVED SIGN EXCEPTION
(PLN2004-133) FOR THE READERBOARD SIGN FOR RV CLOUD ON
PROPERTY OWNED BY STEPHEN CLOUD ET AL TRUSTEES
LOCATED AT 3000 S. WINCHESTER BOULEVARD IN AN M-1-S
(LIGHT INDUSTRIAL) ZONING DISTRICT. APPEAL OF MR. STEPHEN
CLOUD, ON BEHALF OF RV CLOUD. FILE NO: PLN2006-97.
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 No. PLN2006-97:
1. The project site is developed with a series of concrete block and concrete tilt-up
industrial buildings that are painted off-white or beige thus complementing the sign
base and arch of the readerboard sign.
2. The top portion of the sign consists of the business name "R.V. Cloud Co." with the
readerboard portion located immediately underneath. The bottom portion of the sign
is an open arch design incorporating the business address number. A raised brick
planter bed surrounds the base of the sign. The sign is double sided and is viewed
from north and south bound Winchester Boulevard traffic, as well as traffic entering
and exiting the driveway on Winchester.
3. The freestanding sign would be located 73 feet south of the existing driveway which
is also an uncontrolled railway crossing.
4. The sign is a freestanding sign and is located in the existing R.V. Cloud Co. parking
lot adjacent to the western property line along the railroad right-of-way. It is located
73 feet south of the driveway serving R.V. Cloud Co. This driveway is the only
uncontrolled train crossing within the City of Campbell.
5. Union Pacific Railway freight trains currently use this track on a weekly basis. The
Vasona Line of the Valley Transportation Authority light rail system is planned to
eventually connect to the Town of Los Gatos near Highway 85.
6. The angle and location of the sign pulls the attention of the driver further off the road,
increasing the potential for driver distraction.
7. The uncontrolled driveway entrance to the site creates the potential for conflicting
movements between vehicles, pedestrians and trains, unlike the fully signalized
intersection to which the City's Heritage Theater sign is oriented.
City Council Resolution
Granting an Appeal and Overturning Planning Commission Action
PLN2006-97 -- 3000 S. Winchester Boulevard -- Modification to Reader Board Sign
Page 2
8. Electronic readerboard signs have been associated with increased traffic accidents.
9. The factors of electronic readerboard signs bearing on driver distraction include the
frequency of the display changes, depiction of motion, legibility, red, flashing,
intermittent or moving lights.
10. The Heritage Theater sign exposes approximately one-third of the number of drivers
to display changes as the RV Cloud sign when compared at the same rate of display
changes.
11. Limiting the copy or image changes to sign face changes every 4 to 5 seconds
would be approximately the same rate of change as the Heritage Theatre sign.
12. Limiting the sign copy or image to a single color on a black background will minimize
the distractive characteristic of the sign.
13. The sign is 14 feet tall and 50 square feet in sign area.
14. The project qualifies as Categorically Exempt project under Section 15303, Class 3
of the California Environmental Quality Act (CEQA), pertaining to the construction of
new small accessory structures.
15. The sign shall have the ability to rotate or scroll the text or images across the face of
the sign.
Based on the foregoing findings of fact, the City Council further finds and concludes that
as conditioned:
1. The proposed sign is consistent with the purposes of the Sign Ordinance.
2. The proposed sign is architecturally compatible with the buildings on the site and in
the surrounding area in terms of color, style and design.
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council grants an appeal and
overturns the Planning Commission's action to modify the conditions of approval
(PLN2006-97) to a previously approved Sign Exception (PLN2004-133) to revise the
imposed conditions of approval for the readerboard sign on property owned by Stephen
City Council Resolution
Granting an Appeal and Overturning Planning Commission Action
PLN2006-97 -- 3000 S. Winchester Boulevard -- Modification to Reader Board Sign
Page 3
Cloud et al Trustees located at 3000 S. Winchester Boulevard in an M-1-S (Light
Industrial) Zoning District, as follows:
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 helshe 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
Plannina Division:
1. Approved Plans: Approval is granted for a Sign Modification (PLN2006-97) to allow
a freestanding readerboard sign located at 3000 S. Winchester Boulevard. The
sign design and location submitted for building permits shall substantially conform to
the project plans dated June 17,2004.
2. Development Approval Expiration: The Sign Modification approval must be
exercised within one year from the date of final approval, or the approval will be void.
Within a one month period of approval, the operational characteristics of the sign
shall be modified to comply with the following revised Condition Nos. 4 and 5 as
stated below.
3. Siqn Maintenance: The sign shall be maintained in good condition at all times and
shall be repaired as necessary.
4. ChanqeableTextllmaqes: The electronic readerboard 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 readerboard portion of the sign may use four colors simultaneously,
which includes background color.
5. Frequencv of Chanqinq Textllmaqes: The text and lor image of the readerboard
portion of the sign shall change no more than once every 3 to 4 seconds.
6. Prior conditions of Approval: All other conditions of City Council Resolution
NO.10503 shall remain in effect except as changed above.
City Council Resolution
Granting an Appeal and Overturning Planning Commission Action
PLN2006-97 -- 3000 S. Winchester Boulevard -- Modification to Reader Board Sign
Page 4
PASSED AND ADOPTED this 16th day of
roll call vote:
January
, 2007, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Low, Burr, Furtado
Kennedy, Hernandez
None
None
APPROVED: ~6~~ ~~~
Dan~IE. Furtado, Mayor
ATTEST:
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Anne Bybee, City Clerk