CC Resolution 10860
RESOLUTION NO. 10860
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE PLANNING
COMMISSION ACTION DENYING A SIGN EXCEPTION (PLN2007-158)
FOR MULTIPLE WALL SIGNS FOR AN EXISTING COMMERCIAL
BUILDING (KFC AND A&W RESTAURANT) ON PROPERTY OWNED BY
HARMAN MANAGEMENT CORPORATION LOCATED AT 1805 S.
WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT)
ZONIG DISTRICT. APPLICATION OF MS. FRANCESKA GLEASON, ON
BEHALF OF EDWIN BRUCE ASSOCIATES. FILE NO: PLN2007-158.
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 PLN2007 -158.
1. The signs otherwise allowed by this chapter 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.
2. The signs could not be made visible and intelligible to a person of normal sight by
allowing an increase in the area or height signs pursuant to subsection (C)(4),
(Increased sign area or increase sign height) of the Sign Ordinance.
3. The additional signs comply with all of the requirements of the Sign Ordinance,
except for the limitations on the number of signs.
4. The number of signs allowed pursuant to the Sign Exception shall not exceed the
minimum number of signs necessary to make the signs 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, which could not be accomplished by the
number of signs otherwise allowed by the Sign Ordinance.
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 use for which the signs are to be erected would not be adequately identified
without exceeding the standards of the Sign Ordinance.
3. The proposed signs will not be detrimental to the public welfare or persons in the
neighborhood or the City as a whole and allows for reasonable business
identification.
Planning Commission Resolution
PLN2007 -158 - 1805 S. Winchester Boulevard
Granting an Appeal and Overturning Planning Commission Denial of a Sign Exception
Page 2
THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns
the Planning Commission action to deny a Sign Exception (PLN2007-158) for multiple
wall signs for an existing commercial building (KFC and A&W Restaurant) on property
owned by Harman Management Corporation located at 1805 S. Winchester Boulevard
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
Plannina Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions
of Approval. Until said Conditions are signed, the proposed Use Permit shall not be
valid for any permits sought from the City.
2. Approved Proiect: Approval is granted for an exception to the sign regulations to
allow two walls signs on the east building elevation and one freestanding sign
located at 1805 S. Winchester Boulevard. The signs shall substantially conform to
the sign permit plans received by the Planning Division on October 16, 2007, except
as modified by the following:
a. No more than two wall signs and one freestanding sign shall be allowed with a
total sign area of 98 sq. ft.
b. The freestanding sign shall include a cornice trim architecturally compatible with
the proposed building fagade and shall have a sign area no greater than 50 sq. ft.
Buildina Division:
3. Permits Required: A building permit application shall be required for the proposed
signs. The building permit shall include Electrical/Plumbing/Mechanical 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.
Planning Commission Resolution
PLN2007 -158 - 1805 S. Winchester Boulevard
Granting an Appeal and Overturning Planning Commission Denial of a Sign Exception
Page 3
PASSED AND ADOPTED this
roll call vote:
15th
day of January
, 2008, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kennedy, Low, Burr
Furtado, Hernandez
None
None
APPROV!iB:- t, r:J ~~~
Donald R. Burr, Mayor
ATTEST:
~
Anne Bybee, City Clerk