PO Box 407, Eugene, OR 97440
541-683-5073
www.pape.com
December 12, 2022
Uploaded – Accela System
City of Fremont
City Clerk's Office
3300 Capitol Avenue, Building A
Fremont, California 94538
Re: Appeal of Application for Conditional Use Permit – PLN2021-00378
Dear Sir/Madam,
We are the owners of that certain real property commonly known as 43510 Osgood Road, Fremont, California, Assessor's Parcel Number 513-701-7-10 ("Property"), which is the subject of the Application for Conditional Use Permit PLN2021-00378, filed by Ramsay Signs on May 18, 2021 ("Application"). The Application is for a freeway-oriented pylon sign for our new flagship dealership.
Our Application was placed on the February 10, 2022 Planning Commission Agenda. City Staff recommended our Application for approval of the CUP, finding that the request was (i) consistent with the General Plan, (ii) the Property is physically suitable for the proposed use, (iii) the design, location and size of the proposed use are compatible with development in the vicinity, and (iv) the proposed use will not be detrimental to the public health, safety or welfare of persons or property in the vicinity, all as further discussed in the Planning Commission Report (ID#4527).
Our Application was heard on February 10, 2022, and continued, to allow us time to address the concerns raised by the Planning Commission. Specifically, the Commissioners raised concerns about (i) the overall height, size and light pollution of our proposed Pylon Sign, (ii) allowing our Pylon Sign would set a precedent for other freeway-oriented pylon signs, (iii) the feedback from our neighbors about our proposed Pylon Sign, and (iv) to prepare more visuals and storyboards so the Commissioners could gain a better understanding of what the Pylon Sign would look like.
City of Fremont
Re: Appeal of Application for Conditional Use Permit – PLN2021-00378 December 12, 2022
We took the Planning Commission's concerns under advisement and modified our proposal, erected story pole scaffolding as a mockup of the sign and solicited feedback from our neighbors on our proposed Pylon Sign. Our Application was placed on the December 8, 2022 Planning Commission Agenda. As noted in the Planning Commission Report (ID#4753), City Staff once again recommended our Application for approval.
A motion was made by the Commission to deny City Staff's recommendation to approval the Application. As noted in the Planning Commission Report, the City Staff identified the following four findings are necessary for a conditional use permit: (i) consistent with the General Plan, (ii) the Property is physically suitable for the proposed use, (iii) the design, location and size of the proposed use are compatible with development in the vicinity, and (iv) the proposed use will not be detrimental to the public health, safety or welfare of persons or property in the vicinity. Specifically, the Commission had the following reasons for the denial of our Application: (a) there is already sufficient signage on the building, (b) Commissioners are concerned that approval of the proposed Pylon Sign could result in additional freeway-oriented sign applications along I-680, (c) Commissioners are concerned about the specific location of the sign, and (d) the illumination of the sign. The motion went to a vote with a 4-3 result in favor of the motion to deny the Application.
We, respectfully, appeal the Planning Commission's decision. The proposed Pylon Sign is allowed, in this zone, through a Conditional Use Permit. While the Planning Commission has discretion with respect to the size, height, orientation, setback, location, illumination, spacing, scale and compatibility with the surrounding area, we do not believe their reason for denial of our Application fits within the Commissioners below objections:
1. Already Sufficient Signage. There is a dense grove of mature trees immediately to the north of Property (on the Jehovah's Witness property), that drastically reduces the visibility of our building signage while traveling westbound on I-680. The large high voltage power lines, supported by seven (7) lattice towers, obstruct our building signage while traveling eastbound on I-680. We do not believe this objection fits within the approval criteria outlined in Section 18.193.070 of the Municipal Code (Discretionary approvals – Evaluation standard).
City of Fremont
Re: Appeal of Application for Conditional Use Permit – PLN2021-00378 December 12, 2022
2. Precedent. According to the City's Zoning Map, there are only a handful of properties that are allowed this type of freeway-oriented signage. Of those properties, only one remains undeveloped, our Property. The topography of the other properties, in relation to the elevation of I-680, make it either (i) unlikely the property owner will request freeway-oriented signage, or (ii) the property owner is able to place unobstructed building signage (similar to the former Fry's Electronics site), obfuscating the need for freeway-oriented signage. As noted above, our Property is the last undeveloped parcel along I-680. We have spent five years working closely with Fremont Planning and Economic Development on this project, which is strongly supported by City Staff, and we see no mention of "precedent" as criteria for discretionary approval.
3. Location of the Pylon Sign. The Property is adjacent to Interstate 680 and the proposed Pylon Sign is designed to be visible from I-680. The Property is approximately 13 feet lower in grade than I-680. The proposed location of the Pylon Sign, approximately 9 feet from the property line, was selected (and approved by PG&E) because of a multitude of site constraints, including high voltage power lines supported by lattice towers and various flood control easements. The overall aesthetics of the of the Property and surrounding area are already visually impacted by the power lines and lattice towers. The Commissioners' only objection to the location of the proposed Pylon Sign is that they did not want it visible from I-680, which defeats the purpose of a freeway-oriented sign (which is allowed in this zoning designation).
4. Illumination of the Pylon Sign. While illumination is criteria subject to Planning Commission discretion, we trust our Application adequately addresses this issue (as further described herein). As requested by the Commissioners during the February 10, 2022 hearing, we reached out to our neighbors, Jehovah's Witness Assembly Hall is located to the north of the Property (43400 Osgood Road), and Chrisp Company is located to the south of the Property (43650 Osgood Road). Both owners confirmed they had no objection to our proposed Pylon Sign. The nearest residential uses are along Homestead Court, behind a sound wall, approximately 500 feet from the proposed Pylon Sign. No single-family homes back up to or directly face this part of I-680. In order to address the Commissioners concerns, we revised our application to reduce the overall sign height from 40' and 152 square feet, to 35' and 120 square feet. This is a 12.5% reduction in height and a 21% City of Fremont
Re: Appeal of Application for Conditional Use Permit – PLN2021-00378 December 12, 2022
reduction in sign area. The proposed Pylon Sign using internal lighting (which reduces glare and excessive illumination), has an opaque background and only 65 square feet (of the overall 120 square feet) is illuminated. In addition to the sound wall, the diameter of the Pylon Sign's support posts further aids in dissipating any light emission from negatively affecting the residential uses. Further, the low height and perpendicular orientation of the sign to I-680, assist in reducing views of the Pylon Sign from the residences along Homestead Court.
Given the foregoing, along with no objections made by the public, and the Commissioners lack of any specific reason why the Application does not meet the requirements outlined by City Staff, we respectfully appeal the Planning Commission's decision, and request this matter be heard before the City Council at the next available date.
Sincerely,
Mike Pati
President of Papé Properties, Inc.
MP:mjp
cc: Shawn Dillon ([email protected])
John Woodruff ([email protected])
Bryan Landgraf ([email protected])
James Willis ([email protected])
Donovan Lazaro ([email protected])
Cheri Fletcher Powell ([email protected])
Kelly Reid ([email protected])