Planning Commission
December 08, 2022
Proposal: PAPE MACHINERY PYLON SIGN CUP - 43510 Osgood Road - (PLN2021-00378) - To consider a Conditional use Permit to install a freeway oriented pylon sign adjacent to Interstate 680 at 43510 Osgood Road in the Irvington Community Plan Area and to consid er a finding that no further environmental review is required pursuant to of categorical exemption from the California Environmental Quality Act (CEQA) per, without limitation, pursuant to CEQA Guidelines Section 15311,
Accessory Structures, and pursuant t oCEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR)
(SCH#2010082060) was previously prepared and certified.
Projects Consistent with a Community Plan, General Plan, or Zoning. Each of the foregoing provides a separate and
independent basis for CEQA compliance.
Recommendation: Approve, based on findings and subject to conditions.
Location: 43510 Osgood Road (APN 513-701-7-10)
Area: 7.81 Acres
People: Cheri Powell, Ramsay Signs, Applicant
PPI Exchanges, LLC, Property Owner
James Willis, Staff Planner (510) 494 -4449;
[email protected]
General Plan: Service Industrial
Zoning: Service Industrial (I-S)
EXECUTIVE SUMMARY
The applicant is requesting approval of a Conditional Use Permit to allow a new freeway - oriented pylon sign at the rear of the Pape Machinery equipment dealership located at 43510 Osgood Road, adjacent to Interstate 680.
In February 2022, this item was continued to allow the applicant time to address concerns raised by the Planning Commission. The applicant has modified its proposal, erected story pole scaffolding as a mockup of the sign, and conduct ed outreach with neighboring properties. The proposed sign has be en revised to be smaller in size (117 square feet) and height (35 feet from grade) to increase compatibility with the site and surrounding area.
Planning Commission Report (ID # 4753) Meeting of December 8, 2022 PAPE MACHINERY PYLON SIGN CUP PLN2021-00378 Page 2
Staff recommends approval of the proposed Conditional Use Permit to allow the modified sign as depicted in Exhibit “A ,” based on the findings and subject to the conditions of approval contained in Exhibit “B,” attached hereto.
BACKGROUND AND PREVIOUS ACTIONS
On June 30, 2020 the Zoning Administrator approved Zoning Administrator Permit PLN2019-00337 for a new heavy equipment dealership and service center at 43 510 Osgood Road. On June 7, 2021, a Master Sign Program was approved for the equipment dealership for all signs, except the freeway-oriented sign which is the subject of this project.
On August 9, 2021 the Planning Manager approved a lot combination (PLN2021 -00007) to facilitate development of the site as a single lot. The dealership is under construction and should be completed by early next year.
On February 10, 2022, concerns were raised by the Planning Commission at the hearing regarding the size and location of the sign . The item was continued to allow the applicant time to consider the concerns, prepare additional visual analyses, and to conduct further outreach with the neighbors. There were no public speakers on the item.
Over the course of several months that followed, the applicant utilized the time to redesign the proposed sign , prepare visual analys es (a flyby simulation video, renderings, and placement of scaffolding at the site as a sign mockup), and conduct out reach with neighboring businesses. The proposed sign modifications are explained in detail under “Project Analysis.”
PROCEDURE FOR TONIGHT’S HEARING
The Planning Commission is charged with the following:
1. Find that the project is exem pt from the requirements of the California Environmental Quality Act (CEQA) , without limitation, pursuant to CEQA Guidelines Sections 15311, Accessory Structures, and 15183, as the project is consistent with the General Plan, for which an Envi ronmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified; and
2. Consider the approval of a Conditional Use Permit, based on findings specified in FMC Section 18.230.060 for a freeway -oriented pole sign and subject to the conditions of approval contained in Exhibit “B.”
PROJECT DESCRIPTION
The applicant requests approval of a Conditional Use Permit (CUP) for a freeway -oriented pylon sign for their new construction equipment dealership —“Pape”—currently under construction at 43510 Osgood Road. The sign would be located at the rear of the site adjacent to the Interstate 680 Freeway , which is elevated 13 feet above the site’s grade .
The revised pylon sign’s support poles would be 35 feet in height from the site’s existing grade (or 22 feet in hei ght from the elevation of the Freeway) with sign area measuring approximately 117 square feet in size (13’ by 9’).
PROJECT ANALYSIS
General Plan Conformance
Planning Commission Report (ID # 4753) Meeting of December 8, 2022 PAPE MACHINERY PYLON SIGN CUP PLN2021-00378 Page 3
The General Plan land use designation for the project site is Service Industrial. The Service Industrial designation accommodates a variety of industrial uses which are generally oriented toward local businesses and residents. These include auto repair and servicing, machine shops, woodworking and carpentry shops, equipment rental and storage, small warehouse and delivery operations, self -storage facilities, printers, small wholesalers, and other small-scale industrial operations. A limited number of office, commercial recreation, and group assembly uses also occur within these areas. Service Industri al areas are often located on the perimeter of the City’s larger industrial areas. The portion of Interstate 680 where this proposed sign would be located is not designated a scenic highway in the General Plan. The use is allowed under the General Plan and the proposed pylon sign may be permitted under a Conditional Use Permit.
The following General Plan policies are among those most applicable to this project:
Land Use Policy 2-5.4: Regulation of Employment -Generating Land Uses . Maintain land development regulations which support economic growth and foster achievement of the City’s economic development objectives.
Economic Development Policy 6 ‑1.1: Increasing the Tax Base. Encourage economic development that generates sales tax, property tax, and other r evenues that help sustain municipal services.
Economic Development Policy 6 ‑1.4: Large Sales Tax and Employment Generators.
In order to attract and retain businesses that generate large amounts of sales tax or number of jobs, incentives or special conside rations should be provided to these businesses because of the significant economic benefit they provide to the City. These special considerations may include variations to development standards (e.g., floor area, parking, signage), wayfinding signage in th e public right of way, expedited permit processing, or other considerations to facilitate attraction or retention of these businesses. A business providing such a sales tax benefit that would be eligible for such consideration(s) includes those that generate a minimum of one million dollars or more in annual revenue to the City (including sales tax, property tax, transit occupancy tax, and/or other applicable direct City revenue source) within three years after start of operation of the business. A business providing such an employment generation benefit that would be eligible for such consideration(s) includes those that provide 500 or more jobs within three years after start of operation of the business.
Analysis: The proposed sign would support a constru ction equipment sales and service dealership which is anticipated to become a major sales tax generator for the City. The General Plan recognizes the importance of these major tax generators and provides means to facilitate the attraction or retention of these businesses by providing special consideration including anticipating the need for additional signage. The under-construction dealership consolidates regional operations into Fremont. The proposed sign would advertise to potential customers the loca tion of the dealership which will serve construction projects locally and regionally . The applicant notes this dealership location will serve municipal agencies and utilities in the region and provide equipment for major infrastructure projects in additio n to supporting private construction projects , and that the proposed sign is important to promote and identify their business.
Planning Commission Report (ID # 4753) Meeting of December 8, 2022 PAPE MACHINERY PYLON SIGN CUP PLN2021-00378 Page 4
Zoning Compliance
The subject site is zoned Service Industrial (I -S). Chapter 18.193 of the Fremont Municipal Code regulates s igns on private property. On industrial sites, a freeway -oriented pole - mounted sign may be allowed subject to the approval of a Conditional Use Permit. The Planning Commission has discretion over the size and design of the sign , but not message content.
The proposed sign completely complies with the maximum allowable sign area and all other applicable standards pursuant to the zoning ordinance. It has been reduced to 35 feet in height. The revised height of the sign is necessary because the Interstate 680 freeway is elevated in this area and there is a high concrete center divide r which could obstruct the view of the sign from the eastbound I-680 lanes. The proposed sign would only be visible from the westbound direction of travel on I -680 for a brief time as there is a curve in the road and numerous trees to the north of the site which would obstruct the view. The plans for the proposed sign are contained within Exhibit “A.”
Design Analysis
The facility the sign would be serving operates as an equipment d ealership. Freeway oriented signage is common for dealerships, both equipment and passenger vehicle. The initial proposal previously considered by the Planning Commission was a 40-foot-tall sign with 152 square feet of sign area. The current revised pro posal is a 35-foot-tall sign with 120 square feet of sign area, a 12.5% reduction in height and a 21% reduction in sign area.
The current sign has not moved closer to the freeway as it is still 9’ from the property line.
The two cylindrical sign supports are two feet – five inches in diameter and painted with a bronze finish. The sign supports are 35 feet tall, the sign cabinet is mounted two feet below the tops of the supports. The sign area itself is black with yellow and white text. The tex t of the sign is translucent to allow internal lighting to illuminate the text of the sign without causing glare or excessive illumination of the site or neighbors. The proposed sign conforms to the standards contained in FMC 18.193.610, Permissible Sign Types and Corresponding Permit Type within Industrial Land Use Designations.
The proposed location for the sign was selected due to a multitude of site constraints, including utility and flood control easements. Furthermore, because of large high voltage power lines supported by lattice towers located on the site and within close proximity to the freeway frontage , the aesthetics of the site and surrounding area are already visually impacted to a great extent.
As previously mentioned, the adjacent I -680 freeway i s approximately 13 feet higher in grade than the project site. The bottom of the sign cabinet is approximately 20 feet above grade leaving only approximately seven feet from the roadway to the bottom of the sign.
Furthermore, there is a solid guard rail which extends several feet above the freeway grade which would further reduce the apparent height of the sign.
The applicant has installed a scaffolding structure to demonstrate the height difference and visibility of a sign at the project site. The sc affolding has colored mesh placed at 30’ and 40’ from the grade. The structure remains in place at the project site to allow viewing by Planning Commission Report (ID # 4753) Meeting of December 8, 2022 PAPE MACHINERY PYLON SIGN CUP PLN2021-00378 Page 5
the Planning Commission and the public prior to the hearing. The applicant has provided a diagram showing the previous and current sign proposals in relation to the freeway (Informational 1).
Compatibility With Surrounding Uses
The nearest residential uses to the proposed sign are along Homestead Court , approximately 500 feet from the proposed sign and behind a sound wa ll. No single-family homes back up to or directly face this part of Interstate 680. The mixed-use project across the freeway from the project site has halted construction and there has been no work on that site in several years.
There is a dense grove of mature trees immediately to the north of the proposed sign on the Jehovah’s Witnesses Assembly Hall property which would drastically reduce the visibility of the sign from the westbound I-680 lanes. City staff visited the site after the applicant had installed a scaffolding structure as a mockup to demonstrate the height of the proposed sign. The proposed sign appears to only be visible for a few second s from this direction at normal freeway speeds. The sign would be visible from the eastbound I-680 lanes from the Auto Mall Parkway overpass. Photos taken of the scaffolding structure showed that from a passenger vehicle, the bottom of the sign was visually slightly above the freeway center divider wall.
The lighting of the proposed sign is not antici pated to cause any objectionable or safety concerns to neighboring properties or motorists traveling along the freeway. The diameter of the support posts should further help block any potential light spill over from negatively affecting the residential uses across the freeway from the site, as would their existing sound wall. Additionally, the low height of the sign in comparison to the I -680 freeway and the perpendicular orientation of the sign would assist in reducing views of the sign from the residences as well. This section of Interstate 680 adjacent to the project site is not designated a scenic route in the Fremont General Plan, nor is it a designated scenic route by Caltrans.
FINDINGS FOR APPROVAL
Pursuant to FMC Section 18.230.060, in order to ap prove a Conditional Use Permit, the Planning Commission must make the following 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;
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Analysis: The proposed sign would be located a t 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 th e 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 cur rent 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.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15311, Accessory Structures in that it is an onsite sign. Additionally, no further environmental review is required pursuant to CEQA Guidelines Section 15 183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified. Each of the foregoing provides a separate and independent basis for CEQA compliance.
PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. Notices were mailed to owners and occupants of property within 300 feet of the site. The notices to owners and occupants were mailed on November 28, 2022. A Public Hearing Notice was published by The Tri-City Voice on November 22, 2022.
Planning Commission Report (ID # 4753) Meeting of December 8, 2022 PAPE MACHINERY PYLON SIGN CUP PLN2021-00378 Page 7
The applicant did further outreach to neighboring property owners to determine if they had any concerns related to the proposed sign. They reached out to the Jehovah’s Witnesses church to the north and the Chrisp Company paving contractor to the south. Neither property owner expressed concerns about the proposed sign.
RECOMMENDATION
1. Hold public hearing.
2. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pur suant to, without limitation, CEQA Guidelines Section 15311, Accessory Structures and CEQA Guidelines Section 15183 in that it is an on -site sign which conforms to the Fremont General Plan and applicable Zoning rules, and that each of the foregoing provides a separate and independent basis for CEQA compliance.
3. Approve the Conditional Use Permit to allow the freeway -oriented pylon sign as shown in Exhibit “A,” subject to Conditions of Approval contained in Exhibit “B.”
ENCLOSURES
• Exhibit A - Project Plans
• Exhbit B - Findings and Conditions of Approval
• Informational 1 Pylon Sign Size Comparison