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CC 03-05-2024 Item No. 6. Appeal of Planning Commission Decision – Shane Co. Sign Exception EXC-2022-004_Staff Presentation19900 Stevens Creek Blvd. December 12, 2023 APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A SIGN EXCEPTION TO ALLOW TWO WALL SIGNS FOR A SINGLE TENANT (SHANE CO) AT AN EXISTING RETAIL BUILDING EXC-2022-004 CC 03-05-2024 Item No. 6 Background ●Retail Building with three(3)tenants. ●September 28, 2023, Shane Co. received ASA-2023-004 approval for façade improvements. ●On December 12, 2023, Planning Commission approved Sign Exception with modifications, limiting it to one unlighted wall sign by a 4-0 vote. STEVENS CREEK BLVD BL A N E Y A V E N U E PO R T A L A V E N U E Appeal December 20,2023,the applicants /appellant,representing Shane Co.,appealed Planning Commission’s decision to modify sign exception. ●Building set further back from Stevens Creek Boulevard, obscured by mature street trees. ●Design of retail building has the front entrance along the east façade and not along Stevens Creek Boulevard ●Design of building is more industrial/office than retail. Council’s review of the Planning Commission’s determination is de novo North Elevation –Stevens Creek Blvd. East Elevation CMC 19.104 Signs –Wall Signs Permitted Wall Signs North Façade(Existing) Location One (Proposed) Location Two (Proposed) Number of Wall Signs One sign per business with exterior frontage.One additional for: -Businesses with no ground sign and adjacent to more than one street or shopping center driveway. -Sign directed to interior of project and not visible from any public right-of-way. -Single tenant building pad with more than 5,000 s.f. Permitted Although adjacent to a shopping center driveway, the business is not permitted to have a second wall sign since they are utilizing space on an existing ground sign. A single business is not permitted to have a third wall sign. Findings ●That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; ●That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and ●That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. Analysis ●Require least modification of regulations and the minimum variance. ●Exception for three (3)wall signs is far above allowed number of wall signs permitted for a single business. ●Allocating multiple signage to a single business is contrary to providing architectural and aesthetic harmony of signs as they relate to building design and quantity to allow for good visibility for public and needs of the business. ●An allowance for one additional wall sign along the east façade could be seen as a minor deviation from the Municipal Code. Recommended Action Staff recommends that the City Council adopt a resolution upholding the appeal in part, approving an exception for one of the two-requested wall signs along the east façade. Next Steps Should the project be approved,the City Council’s decision on this project is final unless a reconsideration is filed within 10 calendar days of the date of the decision.All approvals granted by the City Council shall go into effect after 14 days.