Loading...
HomeMy WebLinkAboutPSP 2013-09RESOLUTION NO. PSP -13 -09 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A PLANNED SIGN PROGRAM, PSP -13 -09 TO APPROVE NEW MONUMENT SIGNS, BANNERS, DIRECTIONAL SIGNS, WALL GRAPHICS, STVLON SIGNS, AND THE REPLACEMENT OF THE EXISTING TOWER SIGN WITH A DIGITAL DISPLAY SIGN FOR THE CHULA VISTA CENTER ON AN APPROXIMATELY 55 -ACRE SITE LOCATED AT 555 BROADWAY. APPLICANT: BLEIER INDUSTRIES, LTD WHEREAS, on November 26, 2013, a duly verified application for a Planned Sign Program was filed with the City of Chula Vista Development Services Department by Bleier Industries, LTD ( "Applicant "); and WHEREAS, the application requests approval of a Planned Sign Program to approve new monument signs, banners, directional signs, wall graphics, stylon signs, and the replacement of the existing tower sign with a digital display sign for the Chula Vista Center on approximate 55- acres ( "Project "); and WHEREAS, the area of land that is the subject of this Resolution is an existing parcel located at 555 Broadway ( "Project Site "); and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 11 Categorical Exemption pursuant to Section 15311 (Accessory Structures) of the State CEQA Guidelines; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Planned Sign Program application, and notice of the 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 and residents 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 February 12, 2014 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby make the following findings: 1. That the proposed project, as conditioned, is consistent with the sign guidelines adopted for the Urban Core Specific Plan and the Chula Vista Municipal Code. The majority of the proposed signs are not in conformance with Chula Vista Municipal Code (CVMC) Chapter 19.60. In addition, CVMC Chapter 19.60 does not address banners, PSP -13 -09 February 12, 2014 Page -2- directional signs, wall graphics, or stylon signs. However, CVMC Section 19.60.050J allows a planned sign program when approved by the Planning Commission or the City Council, to modify the rules as to the sign size, height, illumination, spacing, orientation or other non - communicative aspects of signs. In accordance with CVMC Section 19.60.050J, approval of the Planned Sign Program by the Planning Commission would establish site specific sign regulations with regard to such regulatory aspects of signs as sign size, height, spacing, location, and total number of signs. All signs placed on site will be required to conform with the approved sign program. All signs are in compliance with the Urban Core Specific Plan (UCSP) design guidelines, Chapter VII, Design Guidelines, Urban Core District, Section E.9 in terms of sign design, compatibility, and placement. 2. The project, as conditioned, is consistent with the design guidelines approved for the Urban Core Specific Plan. The proposed monument signs, banners, directional signs, wall graphics, stylon signs, and the replacement of the existing tower sign with a digital display sign are consistent with the design guidelines of the UCSP. The proposed signs are in compliance with the UCSP design guidelines, Chapter VII, Design Guidelines, Urban Core District, Section E.9. Sign colors and materials are compatible with the existing building colors and materials of the Chula Vista Center. In accordance with the USCP Design Guidelines, signs should provide visual clues to business locations and not adversely affect the design integrity of existing buildings. The signs are effectively placed along the public right -of -way and throughout the site to provide locational clues for the different business, and are complementary to the design of the center. Per the USCP Design Guidelines, signs should be consistent with the proportion and scale of building elements within the facade. The additional height and overall size of the signs are in proportion to the large scale of the shopping center that is located on an approximant 55 acre site. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Planned Sign Program subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Director, or designee, prior to issuance of building permits, unless otherwise specified: Development Planning Division Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1764. 2. Obtain approval of a sign permit, and a building permit if required by the Director of Development Services, for each sign approved in the Planned Sign Program. Signs shall comply with the approved sign program, and all applicable provisions of the Building Code. PSP -13 -09 February 12, 2014 Page -3- 3. Freestanding sign locations must conform to City of Chula Vista site distance requirements in accordance with the CVMC. 4. All signs must be placed within private property, unless an encroachment permit is obtained from the Engineering Department for any signs located within the right of way. 5. The digital tower display shall adhere to the exterior lighting standards and the Lighting Analysis prepared by Daktronics, dated October 29, 2013 to prevent any light spill onto adjacent commercial or residential properties. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved to the satisfaction of the Director of Development Services, prior to the issuance of the building permit. 6. The digital tower display shall be turned off no later than 10:00 p.m. each day. 7. The digital tower display shall not display flashing images, scintillation or lights of varying intensity in accordance with CVMC Chapter 19.60. Digital display shall only provide signage for on -site business. Digital display shall not provide signage or advertising for any business not located within the Chula Vista Center. Landscape Architecture Division 8. Where feasible, all existing plant material and irrigation should be protected in place. Any plant material and irrigation damaged during demolition and/or construction of this Planned Sign Program must be replaced in like kind (minimum) to the satisfaction of the City of Chula Vista's Landscape Inspector. II. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 1. Signage shall be installed in accordance with the Planned Sign Program. Additional signage requires an amendment of the approved Planned Sign Program. 2. Approval of the Planned Sign Program shall not waive compliance with any Sections of Title 19 of the CVMC, and all other applicable laws and regulations in effect at the time of building permit issuance. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless the City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this Planned Sign Program and (b) City's approval or issuance of any other permit or action, whether discretionary or non - discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner's and Applicant's compliance with this PSP -13 -09 February 12, 2014 Page -4- provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 4. This Planned Sign Program shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the CVMC. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego. Failure to sign the document shall indicate the Property Owner /Applicant's desire that the project, and the corresponding application for building permits and /or a business license, be held in abeyance without approval. Signat e o perty Owner Date 2142o1 Signature of ACpp cant ate IV. GOVERNMENT CODE SECTION 66020(d)(1), NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all PSP -13 -•09 February 12, 2014 Page -5- future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Present by: Kel roug n Director of Development Services Approved as to form by: len R. Googi `� City A orney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of February 2014, by the following vote, to -wit: AYES: Ana.ya, Ca.l.To, Fragomeno, Livag, Nava, Moctezuma NOES: ABSENT: Vinson ABSTAIN: —� is Moctezuma AfEST: Pat Laughlin, e retary