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PC Res 3946RESOLUTION NO. 3946 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SIGN EXCEPTION (PLN2009-50) TO A PREVIOUSLY APPROVED SIGN PROGRAM (PLN2004-68) FOR THE SAN TOMAS PLAZA SHOPPING CENTER TO ALLOW FOR ADDITIONAL SIGNAGE FOR THE CVS PHARMACY (FORMER LONG'S LOCATION) TO ALLOW THREE WALL SIGNS FOR AN EXISTING BUSINESS ON PROPERTY OWNED BY AL-MOR LOCATED AT 100 N. SAN TOMAS AQUINO ROAD IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID FORD. FILE NO.: PLN2009-50. 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 Planning Commission did find as follows with respect to application PLN2009-50 1. The business frontage (180 linear feet) as well as the distance from the street edge (350 linear feet) support a request for additional signage. 2. The proposed signage does not exceed forty-five feet in height or three hundred fifty square feet in area. 3. The total sign area of the proposed signs conform to the Zoning Code ratio of one square-foot of sign area per linear foot of frontage, therefore, the proposed signage is not disproportionate to the subject tenant space. 4. Secondary signs are necessary to extend the visibility across a greater portion of the business frontage than is possible by a single sign. 5. The size and height of the primary wall sign is restricted by its location on the central building wall above the main entrance to the business. 6. The proposed secondary signs are less than 50 square-feet each. 7. The addition of two secondary signs to the primary wall sign would result in the same or fewer number of signs than would be allowed if this single tenant were instead multiple tenants. 8. The project qualifies as Categorically Exempt project under Section 15311, Class 11 of the California Environmental Quality Act (CEQA), pertaining to the construction or placement of on-premise signs. Planning Commission Resolution No. 3946 PLN2009-50 - 100 N. San Tomas Aquino Road -Sign Exception -CVS Pharmacy Page 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 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. Allowable signage does not exceed forty-five feet in height or three hundred fifty square feet in area. 3. No sign shall be increased in size or height more than is necessary to allow the signs to be visible and intelligible to a person of normal sight. 4. 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. 5. The signs could not be made visible and intelligible to a person of normal sight by allowing an increase in the area or height of the sign pursuant to subsection (C) (4), (Increased sign area or increased sign height) of this section. 6. The additional signs comply with all the requirements of this chapter, except for the limitations on the number of signs. 7. The number of signs allowed pursuant to this provision 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 this chapter. 8. 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. 9. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Sign Exception (PLN2009-50) to a previously approved Sign Program (PLN2004-68) for the San Tomas Plaza Shopping Center to allow for additional signage for the CVS Pharmacy (formerly Long's location) to allow three wall signs for an existing business on property located at 100 N. San Tomas Aquino Road in a C-1-S (Neighborhood Commercial) Zoning District. Planning Commission Resolution No. 3946 PLN2009-50 - 100 N. San Tomas Aquino Road -Sign Exception -CVS Pharmacy Page 3 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 Planning Division Declaration of Acceptance of All Conditions: Commission approval, CVS Pharmacy shall sig Resolution, incorporating the approved set of Resolution is signed, the approved Sign Except sought from the City. Acknowledged & Accepted: CVS Pharmacy ~g/Q . Date Within thirty (30) days of Planning n the approving Planning Commission Conditions of Approval. Until said ion shall not be valid for any permits 2. Approved Project: Approval is granted for a Sign Exception (PLN2009-50) for one 73.5 square-foot wall sign and two secondary wall signs (8.25 and 7.31 square feet), located at 100 N. San Tomas Aquino Road. The project shall substantially conform to the project plans stamped as received by the Community Development Department on May 05, 2009, except as may be modified by the Conditions of approval herein. 3. Approval Expiration: The Sign Exception shall be valid for one year from the date of Planning Commission approval. Within this one year period, a Sign Permit must be obtained or the Sign Exception shall expire and be deemed void without further notification by the City. 4. Sign Permit Required: A Sign Permit shall be required for all approved signage to ensure conformance with the Sign Exception approved herein. 5. Sign Maintenance: The signs shall be maintained in good condition at all times and shall be repaired or replaced as necessary. Planning Commission Resolution No. 3946 PLN2009-50 - 100 N. San Tomas Aquino Road -Sign Exception - CVS Pharmacy Page 4 Building Division 6. Permits Required: A building permit application shall be required for the proposed sign. The building permit shall include Electric and 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. PASSED AND ADOPTED this 26th day of May, 2009, by the following roll call vote: AYES: Commissioners: Alster, Gairaud, Gibbons and Roseberry NOES: Commissioners: Rocha ABSENT: Commissioners: Alderete and Ebner ABSTAIN: Commissioners: None APPROVED: Elizabeth Gibbons, Vice Chair ATTEST: Ciddy Wordell, Acting Secretary