Exhibit “B”
Findings and Conditions of Approval for PLN2021-00378
Conditional Use Permit
Pape Machinery Pylon Sign
43510 Osgood Road (APN: 513-701-7-10)
FINDINGS:
The findings below are made on the basis of information presented at the public hearing and contained in the report to the City Council dated February 7, 2023, incorporated hereby.
Conditional Use Permit Findings:
a) The proposed project is consistent with the General Plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and guidelines;
Analysis: The existing General Plan land use designation for this site is Service Industrial.
The existing zoning designation is Service Industrial (I-S). Freeway oriented pole signs may be allowed in this district subject to a Conditional Use Permit. Design of the sign, including maximum permittable sign area, is in compliance with the zoning ordinance. b) The site is physically suitable for the type, density, and intensity of the proposed use;
Analysis: The proposed sign would be located at the rear of the site adjacent to Interstate 680. This portion of the project site contains numerous overhead and underground utilities and associated easements. The sign would not be located within any of those easements and will be situated away from the power lines in response to comments from PG&E.
Additionally, sufficient area will be provided on the site to accommodate the proposed sign; there will be no encroachments on or over adjoining properties or the freeway right of way. c) The design, location, size, and operating characteristics of the proposed use are compatible with development in the vicinity;
Analysis: The project site is adjacent to the Interstate 680 freeway and the sign has been designed to be visible from that freeway. The sign would not be located within or impact any existing onsite easements or power transmission lines. The height of the proposed sign is in response to the elevation of the freeway above the project site grade. The site affords adequate area for the placement of the proposed sign.
d) The proposed use will not be detrimental to the public health, safety, or welfare of persons or property in the vicinity;
Analysis: The proposed sign would be located entirely within an industrial district and not oriented towards any current residential uses. The nearest residential uses to the proposed sign are located approximately 500 feet away, across Interstate 680 and at the top of a hill.
Furthermore, these homes are behind a tall sound wall and located across a residential street from the project site. The sign would be internally illuminated. The Project was submitted to both Caltrans and PG&E for comment early in the project review phase. The applicant adopted changes to the location of the sign further away from the power lines in
response to comments received by PG&E; and no comments were received from Caltrans.
The sign would be constructed in accordance with the applicable building codes.
CONDITIONS OF APPROVAL:
General Conditions
A-1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “A” (Project Plans) and all conditions of approval set forth herein.
A-2. Minor Modifications to Approved Plans. Minor modifications to the approved plans may be made, subject to review and approval of the Planning Manager. Minor modifications to the pylon sign design, including minor deviations in the placement, height, and size of the sign of no greater than 10 percent, that are in keeping with the original design intent may be made, subject to review and approval of the Planning Manager. The Planning Manager shall retain the authority to determine the level of r eview required (i.e., depending on the severity or location of the modification, the project may be referred to the Planning Commission or City Council for public comment, review and approval). The Planning Manager shall consult the City Engineer prior to considering such requests if changes to grading or public infrastructure are proposed.
A-3. City Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees (collectively “City”) from any claim, action or proceeding against the City to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding and shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
A-4. Building Permit Review. The applicant shall submit plans to the Community Development Department for building permit review and approval, respectively, to ensure conformance with the conditions herein, as well as with all relevant codes, policies, and other requirements of the Fremont Municipal Code, State and federal laws.
A-5. Maintenance. The sign shall be kept in a state of good repair at all times. Broken panels or lighting shall be repaired as quickly as possible and any graffiti or other defacement shall be removed immediately or upon notice from the City.
A-6. Revocation of Permit. The City may revoke or modify the Conditional Use Permit if any one of the following findings can be made:
1. The permit was obtained by misrepresentation or fraud;
2. The terms or conditions of approval of the permit have not been met;
3. The improvement, use, or activity authorized by the permit is in violation of any statute, ordinance, law, or regulation or constitutes a nuisance; or
4. The owner or occupant of the property is conducting the use or any associated or other use of the property in violation of any statute, ordinance, law, or regulation or in a manner that constitutes a nuisance.
A-7. Documentation. A copy of these conditions of approval shall be kept on-site at all times and provided to City staff on request.
Project Design Conditions
A-8. Sign Type. This Conditional Use Permit approval is for an illuminated pole -mounted sign advertising goods and services sold on -site only. The sign shall not contain any off -site advertising nor shall it contain changeable copy of any kind.
A-9. Utility Company Coordination . The applicant shall work with Pacific Gas and Electric Company to ensure their proposed sign and construction methods do not pose any safety hazards related to the nearby high voltage power lines.
A-10. Illumination. The applicant shall submit lighting details for the sign as part of the building permit submittal. After the construction of the sign, if the brightness of the sign is determined to be a distraction or safety hazard to drivers on the adjacent freeway the applicant shall modify lighting to the satisfaction of the Zoning Administrator.
END OF CONDITIONS
APPLICANT PLEASE NOTE:
The fees, dedications, reservations and/or other exactions imposed on this project are those listed in the foregoing conditions of approval. Any fee, dedication, reservation or other exaction is deemed imposed on the date of this approval. The applicant is hereby notified that the 90-day period in which the applicant may protest these fees, dedications, reserva tions and other exactions pursuant to Government Code Section 66020(a) begins on the date they are imposed. If the applicant fails to file a protest within this 90-day period complying with all the requirements of Government Code Section 66020, the applicant shall be legally barred from later challenging such actions.