HomeMy WebLinkAboutReso 2014-199 RESOLUTION NO. 2014-199
RESOLUTION OF THE CITY COUT'CIL OF THE CITl' OF
CHUL.A VISTA .4PPROV'I?�'G .A PL.��TI�TED SIGN PROGRAI�4.
PSP-13-09 TO .APPROVE AN INCREASE II�' SIGN.AGE
BEYOND THE !�4P.aIMUM ALLO�i'ABLE SQU.ARE-
FOOTAGE. FOR A MOI�'UME?vT SIGN FOR THE 97-iJivIT
ML1LT1-F.AA4ILY" .AP.ARTAIE?�'T COMPLEX OI� 4.68 ACRES
LOCATED AT 387� MAII� STREET
\�%HEREAS, on August 20, 2014; a dul�� ��erified application for a Planned Sien Program
���as filed N�ith the Cin of Chula Vista Development Sen�ices Department b�� Stone Creek
Casitas, LLC (Applicant); and
V��I-IEREAS. the appiication requests approval of a Planned Sign Proaram to allo��° an
increase in sienaee to the front entrance monument sisn alone A4ain Street associated �vith the
consuuction of a 97-unit multi-famil�� apartment complex H�ith carports, recreation building, and
associated open space on approximatel�� 4.68 acres (Project); and
V�'HEREAS, the azea of land which is the subject of this Resolution is an ezistine
parcel located at 387� A4ain Street (Project Site); and �
R'HEREAS, the De��elopment Sen�ices Director has review�ed the proposed Project for
compliance «�ith the California Environmental Qualin� Act and has conducted an Initia] Stud��,
IS-li-006. in accordance with the Califomia Environmental Qualitv Act. Based upon the resulu
of the Initial Studv, the Development Services Director has determined that the Project could
result in significant effects on the en��ironment. Ho�ve��er: re��isions to the Project made or
aereed to b}� the applicant ���ould avoid the effects, or mitigate the effects to a point where clearh�
no sianificant effects �tirould occur; therefore; the Development Sen�ices Director has prepared a
Mitigated Negati��e Declaration. IS-li-006 and associated Mitigation Monitoring and Reportine
Proeram: and
�4'HEREAS, the Director of De��elopment Senices set the time and place for a hearing
on the Planned Sign Pro�ram application, and notice of the hearine. toeether �rith its purpose,
�vas given b}� its publication in a neN�spaper of general circu]ation in the Cin�, and its mailine to
propert}� o�mers and residents within �00 feet of the e�terior boundaries of the propem� at least
]0 days prior to the hearine: and
WHEREAS, the hearing �vas held at the time and place as advertised. nameh� October 28;
2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue. before the Cin� Council and the
hearine was thereafrer closed.
NOI�'. THEREFORE. BE IT RESOLVED bv the Citv Council of the Citv of Chula Vista
that it herebv mal:e the follo��ine findines:
Resolution No. 2014-199
PaQe No. 2
1. That the proposed Project, as conditioned, is consistent with the sign guidelines adopted
for the Chula Vista Muuicipal Code.
The proposed monument sign is not in conformance with Chula Vista Municipal Code
(CVMC) Chapter 19.60. Ho��e��er, CVMC Section 19.60.O�OJ allows a planned sien
program ��hen appro��ed by the City Council. to modify the rules as to the sign size. height,
illumination; spacing, orientation or other non-communicative aspects of siens. In
accordance �vith CVA9C Section 19.60.O�OJ; approval oS the Planned Si�n Pro�ram by the
City Counci] 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. The
monument sign placed on site will be required to conform with the approved sign program.
2. The Project, as conditioned, is wnsistent with the design guidelines approved for the
Chula Vista Design Manual.
The proposed monument sien is consistent with the design guidelines of the Chula Vista
Desien Manual. Si�n colors and materials are compatible ���ith the proposed building colors
and materials of the apartment complea. The sign is effectively placed along the public right-
of-way to provide locational dues Sor the apartment complea, and are complementary to the
design of the homes. The additional height and overall size of the signs are in proportion to
the large scale of the residential buildings that is located on an approximant 4.68 acre site.
BE IT FURTHER RESOLVED, that the City Council, based on the findines above,
hereby approve the Planned Si�n Program subject to the following conditions:
1. The follo��ins shall be accomplished to the satisfaction of the City. prior to issuance of
building permits, unless othen��ise specified:
Planning Division
1. Prior to. or in conjunction with the issuance of tbe first building permit. the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DQ-1767.
2. The Applicant shall obtain approval of a sign permit, and a building permit if required by
the Director of Development Ser��ices, for this sign approved in the Planned Sign
Program. The sign shall comply ���ith the approved sigu program, and all applicable
provisions of the Building Code.
Land Development Division
3. Freestanding sign locations must conform to City of Chula Vista site distance
requirements in accordance H�ith the CVMC.
4. An encroachment permit shall be obtained from the Engineering Department for any
signs located within the right of���ay.
Resolution No. 201�-199
Paee ?�'o. 3
II. The folloN�ns on-Qoing conditions shall appl�� to the Project Site as lon� as it relies on
this approvaly
1. Sienaae shall be installed in accordance �+�ith the Planned Sien Pro�ram. .Additional
signage requires an amendment of the appro��ed Planned Sign Proeram.
2. .Approval of the Planned Sien Program shall not �a�ai�e compliance «ith an�� Sections
of Title 19 of the CVMC. nor anv applicable laws and reeulations in effect at the time
of buildine permit issuance.
3. The Propert}� ONmer and Applicant shall and do aeree to indemnifi. protect, defend
and hold harmless the Citv, its Cit�� Council members, officers. employees and
representati��es, from and against an}� and all liabilities. losses. damaees, demands,
claims and costs. including court costs and attorne��`s fees (collecti��elv, liabilities)
incurred bv the Cit�� arisins. directiv or indirectl��, from (a) City's approval of this
Planned Sign Program and (b) Cit��`s approval or issuance of anv other permit or
action. ��-hether discretionan� or non-discretionar�•. in connection ���ith the use
contemplated on the Project Site. The Propem O��mer and Applicant shall
acl:nowledee their agreement to this pro��ision bv executine a copq of this Resolution
tifiere indicated belo��. The Propert�� O��mer`s and Applicant's compliance �+�ith this
provision shall be bindino on any and all of the Propem� Otimer`s and Applicant's
successors and assigns.
4. This Planned Sien Proeram shall become ��oid and ineffective if not utilized �vithin
three ��ears from the effective date thereof. in accordance N�ith Section 19.14.260 of
the CVMC. Failure to comph �vith an}� conditions of approval shall cause this permit
to be reviewed bv the Cin� for additional conditions or re��ocation.
III. E\ECUTION OF RESOLUTION OF APPROVAL
The Propem� O��mer and Applicant shall esecute this document siening on the lines
pro��ided belo���. indicating that the Propert}� Owmer and Applicant have each read.
understood and asreed to the conditions contained herein, and ���ill implement same. Upon
execu ' _ cument shall be signed and returned to the Cih�'s Development Sen�ices
De ment.
//� Z.�f� /5�
James V. Pieri(Pro �� er Date �
ll�'�I ��
James V. Pieri. Appl cant Date
Resolution No. 2014-199
Pa�e No. 4
IV. GOVERNMENT CODE SECTION 66020(d)(1), NOTICE
Pursuant to Govemment Code Section 66020(d)(l), NOTICE IS HEREBY GIVEN that
the 90 dav period to protest the imposition of any impact fee, dedication. resen�ation, 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 lega] action to attack, review, set
aside, void or annul imposition. The right to protest the fees, dedications, resen�ations, or
other exactions does not apply to planning, zoning, grading, or other similar application
processine fees or sen-ice fees in connection with this Project; and it does not appl�� to
any fees, dedication, reservations; or other exactions ti�hich have been given notice
similaz to this, nor does it re��ive challenges to any fees for ��hich the statute of
limitations has previousl}� expired.
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If an} of the foreeoing conditions fail to occur; or if thev 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 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 ��iolation. Failure to satisfy the
conditions of this permit may also result in the imposition of civi] or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
[t is the intention oF the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and e��ery 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 automaticallv revoked and of no further force and effect.
Presented bv Approved as to form by
�
� \
Kelly . rouehton; FASLA len R. Goqgins
Director of De��elopment Services tv Atto �y
Resolution?�'o. 2014-199
Pase No. �
PASSED. .APPROVED. and .4DOPTED b�� the Cit�• Council of the Cin- of Chula \%ista.
California this 28th da�• of October 2014 bv the folloN ine vote:
.41'ES: Councilmembers: A�uilar. Bensoussan. Ramirez. Salas and Cox
NAYS: Councilmembers: None
.ABSENT: Councilmembers: ?�'one
Cher��l Cox. � avo
ATTEST:
�;�
Donna R. r'oms. . Cin: Clerk
STATE OF CALIFORNIA )
COU1'TY OF SA�� DIEGO )
CITY OF CHULA VIST.A )
I. Donna R. Noms. Cit�� Clerk of Chula Vista. California, do hereb�� certif�� that the foresoine
Resolution No. 2014-199 ���as dul�� passed, appro��ed. and adopted b�� the Ciri� Council at a
rewlar meetine of the Chula Vista Cih Council held on the 28th da�� of October 2014.
Eaecuted this 28th da�• of October 2014.
`�-�� --,
Donna R. I�oms.�C. Cirv Clerk