Loading...
HomeMy WebLinkAboutReso 1996-18437 RESOLUTION NO. 18437 (Originally Resolution No. 18357) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPEAL OF COIN MART FROM THE DECISION OF THE PLANNING COMMISSION AND THEREBY DENYING A VARIANCE FOR THE CONSTRUCTION OF A ROOF- MOUNTED SIGN TO 42 FT. ABOVE GRADE FOR THE COMMERCIAL BUILDING LOCATED AT 396 E STREET WITHIN THE C-T THOROUGHFARE COMMERCIAL ZONE WHEREAS, a duly verified variance application was filed with the City of Chula Vista Planning Department on April 12, 1996 by Valley Neon Sign Company; and WHEREAS, said application requests approval to construct a roof-mounted sign to 42 ft. above grade for the commercial building at 396 E Street within the C-T Thoroughfare Commercial zone; and WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as a Class 11 exemption; and WHEREAS, the Planning Director set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 12, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after hearing public testimony and considering the project, the Planning Commission voted 4-2 to deny the request in accordance with Resolution ZAV-96-12; and WHEREAS, on June 13, 1996 the Mr. Martin Altbaum filed an appeal from the Planning Commission decision with the City Council; and WHEREAS, the City Clerk set the time and place for the City Council hearing on said appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely September 17, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter continued; and WHEREAS, the continued hearing was held at the time and place as advertised, namely October 8, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was continued; and Resolution 18437 Page 2 WHEREAS, the continued hearing was held at the time and place as advertised, namely December 10, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, resolve, and order as follows: The above-described application for a variance is hereby denied based upon the following findings and determinations: I. Findings. 1. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits. A hardship exists due to the height and scale of the building for which this variance is proposed. A rooftop sign within the height limits required by code would be extremely limited in design, copy, and content and would provide very limited visibility. This, coupled with a limitation providing for only two facia signs, presents a hardship with respect to business identification. In order to give the applicant visibility and preserve well-proportioned cabinet design, additional height is necessary. 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. The approval of this variance will allow the property owner to construct a rooftop sign of proportionate dimensions and within reasonable height limitations, and one which will be clearly visible from public rights-of-way, consistent with the design and visibility which would be available to other property owners in the same zone and within the vicinity due to the difference in building height. Approval of this variance, therefore, would not constitute a privilege of the recipient not enjoyed by neighbors since sign visibility would be consistent with what is available to others. 3. That the authorizing of this variance would be of substantial detriment to adjacent property, and would materially impair the public interest. The authorizing of this variance will simply provide for a rooftop sign similar in height and area to rooftop signs which have been previously utilized on this property and will, therefore, have no impact upon adjacent property. 4. That the granting of this variance would adversely affect the general plan of the city or the adopted plan of any governmental agency. The approval of this variance would not adversely affect the General Plan of the City. Resolution 18437 Page 3 II. Conditional Grant of Variance; Conditions 1. The City Council hereby approves this variance subject to the condition that it shall be only for the rooftop sign proposed with dimensions of 8' x 16' and to a maximum height of 42' above grade without any facia signs. However, City Council is willing to consider the addition of two facia signs to the building to cover directional concerns by the applicant. 2. Payment of all outstanding deposit amounts due on ZAV-96-12 shall be required prior to issuance of building and/or sign permits for the rooftop sign. III. A copy of this resolution shall be transmitted to the applicant. Presented by Approved as to form by Robert Leiter J M. Kaheny Director of Planning y '[ I mq~ r Resolution 18437 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of December, 1996, by the following vote: AYES: Councilmembers: Moot, Padilia, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Rindone ShideyHorton: Mayor ATTEST: Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18437 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of December, 1996. Executed this 10th day of December, 1996. ~Authelet, City Clerk